What is Aspergillus Mold Contamination?
Mold contamination can happen in wet and humid conditions. It grows both inside and outside, and that means it could be inside the walls of a house. Aspergillus mold is the most common type of mold. Within 48 hours after contact with water, aspergillus mold can begin to grow and release microscopic spores that can spread throughout the home. Without prompt attention, aspergillus mold can quickly spread and can cause serious health effects.
Even in environments north of the humid tropics, mold can find suitable growing locations. Mold can get inside a house or apartment through open doors and windows. It can also attach to clothing. Apartment buildings have difficulty keeping mold under control because there are so many families living in close quarters. However, apartment buildings must take proactive steps to reduce and eliminate any known mold growth because mold can create serious medical problems.
What are the Health Risks of Mold Exposure?
People respond differently to mold exposure. Some people have allergic reactions, and others only notice a faint smell. Common symptoms of mold exposure include:
- Stuffy nose
- Coughing
- Red eyes
- Itchy skin
- Fever
- Shortness of breath
. People may suffer upper respiratory disease and develop asthma among other conditions. If a person notices mold, they need to take action right away. If a homeowner or apartment building manager ignores the problem, it could cause serious health issues for the residents.
Toxic Mold Litigation
Aspergillus mold has the potential to cause serious health issues for people who are exposed to it, even for short periods of time. To help these people manage their recovery, they may need to sue the person or company responsible for their exposure to collect compensation to cover their medical bills. However, toxic mold litigation is complex and can include multiple at-fault parties.
The most common theory of liability for a person’s exposure to mold is negligence. For example, a person who lives in an apartment building and has complained to the apartment building manager about a moldy smell may have a cause of action if the apartment building manager did nothing to investigate the issue. The apartment complex has a duty to its residents to keep the property safe and clean. Investigating any claims of mold and taking steps to remove the mold would be required of them.
However, because mold is not usually seen until it has spread very far and many people do not notice it until it has caused serious damage, people may not link their symptoms to mold exposure. That is why toxic tort litigation may require the use of both medical and scientific experts to help prove that mold caused the person’s adverse health conditions.
Delaware Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Fight on Behalf of Those Exposed to Toxic Mold
Exposure to toxic substances, including mold, can cause serious health complications. If you believe you have a health condition because of mold exposure, speak to one of our dedicated Delaware toxic tort lawyers at Jacobs & Crumplar, P.A. today. Call us at 302-656-5445 or contact us online to schedule a free consultation. From our offices located in Wilmington and Millsboro, Delaware, we proudly serve clients throughout Dover, New Castle County, and Sussex County.
New Study Suggests That Pesticides are Linked to Thyroid Cancer
A new Agricultural Health Study (AHS) study suggests that there is a definitive link between exposure to pesticides and an increased risk of thyroid cancer. Metalaxyl and lindane in these pesticides have shown thyroid-disrupting properties, including cancer.
While most people understand that they are exposed to toxic substances from time to time, they also know that their exposure is usually limited to brief bursts of time, reducing the likelihood of any negative effects. In the agricultural field, however, pesticides are commonly used, and workers are frequently exposed to them. Even outside of the agricultural industry, longer exposure can occur and has an increased risk of cancer.
What is a Toxic Tort Claim?
Toxic tort law relates specifically to damages and injuries caused by exposure to toxic chemicals and substances, like pesticides. Toxic tort lawsuits can be filed by anyone who has suffered an injury, but they usually occur when there are mass exposures. Agricultural workers, for example, may be able to group together as a class and file a toxic tort claim.
To be successful, the person filing the lawsuit must prove:
- The pesticide was harmful or toxic.
- The victim was exposed to this chemical.
- The victim has suffered injuries as a result of their exposure to the pesticide.
The biggest problem that victims may have is linking their injuries to exposure to the specific pesticide. Since these injuries or illnesses can take years to develop and show symptoms, the victim may not even know if the pesticide is precisely what caused their cancer to form.
Due to these unique challenges, toxic tort law relies heavily on medical records and studies that link pesticides and cancer. There are many ways a person could become exposed to pesticide, making it difficult to determine exactly who is at fault.
How is Fault Determined in a Toxic Tort Claim?
To determine fault after a person has been diagnosed with cancer, there will need to be a thorough investigation. Since the cancer could have been developing for many years, the victim may not even recall where or how they could have been exposed to a toxic chemical.
When a victim thinks back, they may want to consider any of the following symptoms that might help determine a timeline for when their exposure occurred:
- Burning eyes
- Excessive coughing
- Headaches
- Blurred vision
- Stomach aches
- Diarrhea
- Burning sensation in the eyes, nose, throat, and chest
- Itchy or burning skin
- Difficulty breathing
- Wheezing
- Fainting
Whenever a person experiences any of the symptoms and has been around toxic chemicals, like pesticides, they should immediately remove themselves from the situation and seek medical attention. Extended exposure to these chemicals can be hazardous to a person’s health and have lifelong consequences.
When someone experiences these symptoms and has been exposed to toxic chemicals, they may not realize the damage that has been done. If a person develops cancer many years later, it can be extremely difficult to show which company manufactured the pesticide and when and for how long. This makes proving fault an uphill battle, but not an impossible one.
Besides workers, residents near pesticide manufacturers may also experience adverse symptoms. Companies have been known to dispose of chemical waste inappropriately, which has resulted in entire communities being exposed to hazardous chemicals, some developing cancer. In communities where there are many manufacturers, however, it can be difficult to know exactly which company is at fault.
Due to these unknowns, some victims think they do not have a case. However, the key is that individuals do not have to have all of the answers before they file a lawsuit. That is why it is helpful to speak to a lawyer.
The list of potential defendants in a toxic tort lawsuit resulting from pesticide exposure might include:
- Pesticide manufacturer
- Pesticide distributor
- Owner of the property where the victim was exposed to toxic pesticides
- Manufacturers of the equipment that did not keep a person safe from toxic pesticides
- Companies that stored toxic pesticides
When filing a lawsuit, it is important to move quickly. Every state has a time limit for how long after an injury occurs when a victim can file a lawsuit. If a victim has not developed or noticed any symptoms until several years after their exposure to toxic pesticides, they may be quickly running up against the clock.
It will take time for a legal team to investigate and determine how and when the victim was exposed to toxic pesticides. They may even need to consult with medical and chemical experts to help them understand the details of what occurred.
Delaware Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Help Those Injured by Toxic Pesticides
Exposure to toxic chemicals and substances can have lasting effects on your body. It can cause you to suffer serious medical issues, and it may impact your ability to go about your daily routine. That is why it is vital that any victim seeks medical attention immediately and then speaks with an experienced lawyer. Speak to one of our Delaware toxic tort lawyers at Jacobs & Crumplar, P.A. today for help with your potential case. Call 302-656-5445 or complete an online form for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
What is the Mold Remediation Process?
Some mold can be extremely toxic. When a person discovers mold in their home, becomes ill, or suspects there is mold in the workplace, they have several options available to them. The chosen route will depend on the exact situation:
- Remediate the mold if on their personal property.
- Work with the employer to get rid of the mold and improve health conditions in the workplace. If the employee becomes ill from mold, they can also file a Workers’ Compensation
- File a toxic tort mold claim with lawyer for personal injury and property damage related to the mold. The claim can seek recovery for construction defects, landlord/tenant breach of habitability, and failure to disclose defects in a real estate transaction.
Mold remediation aims to get the mold back to safe and natural levels. It is virtually impossible for a dwelling to have zero mold. Mold only becomes a problem when it is a toxic type at elevated levels.
Remediation starts with validating that mold is present. A qualified industrial hygienist will test the affected locations using air samples to determine elevated mold readings inside the dwelling or office.
If mold levels are high, the hygienist will identify the cause and source of the mold, which is always some type of water or moisture. They often use infrared film to locate where the water is coming from and perform various other tests.
Once the cause and source of mold are identified, the remediation begins with removing the mold-containing materials and repairing the source of moisture intrusion. A qualified mold remediation contractor should be used.
What Does a Mold Remediation Contractor Do?
Under carefully controlled conditions, the contractor will block off the contaminated area, remove the contaminated material, and use negative air pressure to stop the spread of mold spores in the air. Any personal property near the mold that has also been affected will be cleaned or discarded.
The contractor will then take the appropriate action to fix the cause of the problem, which can involve many different processes, depending on the source of water intrusion. Anyone who sees or suspects toxic mold should begin the investigation and remediation process right away. Letting mold go can have adverse effects on health.
What are the Symptoms of Toxic Mold Exposure?
Symptoms will vary by person and by health status. People who are prone to allergies or who have compromised immune systems are more susceptible to reactions from mold exposure.
Generally, symptoms of mold exposure include:
- Nasal congestion and irritation
- Headache
- Fever
- Achy joints
- Fatigue
- Pneumonia
- Difficulty breathing/wheezing
- Coughing
- Eye irritation
- Memory loss
What if I am Sick From Mold Exposure?
A person who has been exposed to mold may have a legitimate personal injury claim. They will need to receive a diagnosis from a qualified medical provider who can connect adverse health conditions with mold exposure. The medical provider will need to use solid science, medical evidence, and proper diagnostic measures in their findings.
A lawyer specializing in mold claims should manage the claim process. There may be various negligent parties, and diagnosing a mold-related illness can be difficult and complex. While there is general agreement in the medical community that certain types of mold are harmful to humans, there is uncertainty around what degree of exposure can cause disease. A skilled lawyer can help overcome this uncertainty.
Dover Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Advocate for Those Affected by Harmful Mold
No one should suffer the financial and physical damages caused by toxic mold exposure. A skilled and knowledgeable Dover toxic tort lawyer at Jacobs & Crumplar, P.A. can help you build your case. To schedule a free consultation, call us at 302-656-5445 or contact us online. Based in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
What are the Health Effects of Beryllium Exposure?
Beryllium exposure is a serious concern. Beryllium is a dangerous substance, and a toxic tort case may be pursued if an injury or illness resulted because of another party’s negligent actions. Usually, negligence arises in the workplace regarding toxic torts. Beryllium exposure has been known before the 1960’s, but there is no way to estimate how many exposed individuals may later develop chronic beryllium disease (CBD).
Beryllium is a rare metal element naturally found in gemstones, such as emeralds and aquamarine, and it is very important to the U.S. defense industry. Beryllium’s physical properties make it lighter than aluminum but stronger than steel. A block of beryllium looks solid, but it is as light as plastic foam. It is an excellent electrical conductor for electronic and computer uses. Today, there is little danger to consumers, but workers who manufacture and process beryllium can be exposed.
Dental lab workers have developed CBD from grinding crowns and bridges with this metal or its alloys. A worker in a metal recycling plant got CBD. A foundry machinist got it too. Alarmingly, this disease is found in the manufacturing stage of consumer products that need light weight and superior strength.
Disease from beryllium exposure can result in acute beryllium disease (ABD) or CBD. The Occupational Safety and Health Administration (OSHA) guidelines for beryllium and its dust and vapors were often not followed. Employers did not install air monitors or mandate blood tests for exposed workers. In 2018, the OSHA issued workplace guidelines for beryllium exposure and increased screening for early detection.
The Centers for Disease Control and Prevention (CDC) examined beryllium in the workplace and found that it can cause lung cancer in workers in beryllium plants. The number of those with acute exposure in these plants has gradually declined.
What is ABD?
ABD is rare and sudden, and symptoms may include pneumonitis, coughing, breathlessness, and a sore throat. At times, there may be skin or eye irritations. Severity of this disease depends on the duration of the exposure and its concentration levels.
What is CBD?
CBD, a long-term exposure disease, is a type of metal poisoning generally due to inhaling beryllium dust or vapors. CBD occurs slowly with an abnormal and exaggerated immune response by the victim. It can cause breathing problems and heart disease. CBD has symptoms of inflammatory masses or nodules in tissues or organs and scarring of the lung tissues. Other symptoms include a dry cough, breathing problems, weight loss, fatigue, night sweats, enlargement of lymph nodes, and chest pain.
Beryllium’s toxic effects can be found in certain industries, like electronics, high-tech ceramics, metals extraction, dental alloy preparation, recycling of metals and in the manufacture of commonplace items, like cellphone components and golf clubs. While occupational safety precautions have had a mitigating effect, the chronic disease from long-term exposure can result in the same percentage of diseased workers as with the acute form. Over time, CBD can cause severe lung damage, liver damage, and even life-threatening complications.
Incidental and Trivial Contact With Beryllium
Handling a finished product containing beryllium or its alloys is not exposure from a health prospective, but if the product has beryllium dust on it, there is a chance of exposure. In the instance of a beryllium alloy, the alloy can be as dangerous as if it was pure beryllium. Studies found that security guards, secretaries, and even bystanders in the workplace have developed CBD. Breathing in what would be a trivial amount of beryllium dust or fumes can bring on hypersensitivity and CBD.
In workplaces where beryllium or its alloys are present, employees should be aware of CBD. However, there are others who need to pay attention to their general health for symptoms that are identified with CBD. There are other types of individuals who may be exposed to beryllium or its alloys:
- Family members of a beryllium worker can develop CBD. This exposure is from routine household chores, such as washing the worker’s clothes that may still have beryllium dust on them.
- People living in the geographic area of a beryllium refinery have contracted CBD. Beryllium exposure can be that dangerous.
Diagnosing CBD
CBD does not always follow beryllium exposure. Current research shows that a small percentage of those with beryllium hypersensitivity have certain genetic variations. Having these genetic variations may result in increased susceptibilities to CBD among workers being exposed to beryllium in any form.
Importantly, workers who may have been exposed should know that the medical literature says CBD exposure has been unrecognized and misdiagnosed. If the worker has a previous medical diagnosis of sarcoidosis, a doctor must be consulted to examine the person’s work history and consider if the correct diagnosis is CBD.
Can CBD be Treated?
There is no cure for CBD, but an early diagnosis can be critical to a health care plan. There are medications for treatment. Medication can control the disease’s progression. Corticosteroids are prescribed to suppress the immune system response. Anyone with the hypersensitivity to exposure should speak with their doctor to consider evaluation at the few hospitals that specialize in beryllium-induced lung disease.
Why Should I Speak to a Lawyer?
If one works in a workplace with beryllium or its alloys, the known danger from fumes and vapors can cause CBD. These workplaces include:
- The manufacturer of the products that contain beryllium or its alloys.
- The assembly of components made of beryllium or its alloys.
- Metal working, such as the dental technician making a dental device using a product made of beryllium or its alloys.
- Metal recycling where there is a chance that a product made with beryllium or its alloys is broken down and handled.
This list is not all of the types of workplaces that may contain beryllium. A worker needs to be diligent to guard against beryllium exposure. If a workplace may involve unnecessary and dangerous beryllium exposure or if symptoms of the disease are present, a victim should contact a lawyer.
Wilmington Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Help Clients Negligently Exposed to Beryllium
Beryllium exposure can cause severe adverse health complications. If you were exposed to this toxin and have an illness, call the Wilmington toxic tort lawyers at Jacobs & Crumplar, P.A. for help with your case. We can help you prepare and go to trial if you were exposed to beryllium and have developed a debilitating illness. Contact us online or call us at 302-656-5445 for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
Silica Dust Exposure May be Linked to Rheumatic Diseases
Exposure to silica dust, even at low levels, can result in certain types of rheumatic diseases, according to a new study from researchers at the Aarhus University and Aarhus University Hospital. The study, which was published in the International Journal of Epidemiology in mid-April, contained data that was collected from the Danish labor force from 1979 to 2015 and involved 1,541,505 men and 1,470,769 women. The report indicates that exposure to silica dust is linked to an increased risk of autoimmune rheumatic diseases.
Silica dust is released when flint, sandstone, granite, and concrete are ground up or otherwise processed. Exposure to this toxic dust happens most often in construction or factory settings. Small particles in the dust can cause damage if it is inhaled. The dust can accumulate in the lungs and cause inflammation that causes an immune system response.
Rheumatic diseases are a class of medical conditions that cause chronic pain and stiffness in the joints, muscles, and connective tissues. There are hundreds of types of rheumatic disorders. For the purposes of the study, researchers focused on certain specific conditions, including:
- Systemic sclerosis
- Rheumatoid arthritis
- Lupus erythematosus
- Small vessel vasculitis
What Did the Study Reveal?
The study found that as exposure levels to dangerous silica dust increased, so did the risk of autoimmune rheumatic diseases. Those with the highest exposure levels were 1.5 times more likely to suffer from these conditions than people with no significant silica exposure. Out of the participants involved in the analysis, 17,000 people were diagnosed with the autoimmune diseases of interest to the study researchers. When researchers looked closer at this afflicted subset of participants, they found that a significant portion of them had held jobs that regularly exposed them to silica dust.
The data also showed that a total of 1,490 people had experienced workplace exposures. Specifically, systemic sclerosis and rheumatoid arthritis were the conditions that appeared most often in the study data.
One of the researchers, a professor at Aarhus University and Aarhus Hospital, pointed out that the study accounted for variables that might have otherwise influenced the results. The professor stated that the researchers controlled for the participants who smoked tobacco, a factor that could have accounted for some of the negative health outcomes. The professor also called attention to the fact that the occupational exposure limit for silica dust is twice as high in Denmark and Europe as it is in the United States.
Future Plans
Researchers plan to look into whether exposure to silica dust impacts the development of antibodies for autoimmune rheumatic diseases. They are hopeful that the link they discovered might confirm the causal relationship between silica dust exposure and the rheumatic conditions, and that further research will help them better understand the causal mechanisms involved.
The study was executed by researchers affiliated with Aarhus University, the Department of Occupational Medicine, Aarhus University Hospital, the Department of Rheumatology, Gothenburg University in Sweden, and Utrecht University in the Netherlands.
What Should I Do After Silica Dust Exposure?
Whether the case is brought on behalf of a single injured person or on behalf of a group of similarly aggrieved litigants, a toxic tort lawsuit can be filed against a specific liable party in an effort to prove a case for monetary damages. This type of legal action can be taken against a defendant, such as a business owner who negligently exposed several workers to a dangerous breathable toxin that resulted in serious injuries or illnesses. Another type of lawsuit that seeks damages for a silica injury might be a products liability case in which a plaintiff or class action group sues a product manufacturer for their injuries from a silica product.
In the above example of the class action suit against an employer, a claim of negligence may be based on the plaintiffs’ allegation that the employer was careless when it allowed its workers to be exposed to dangerous levels of silica while they were working. For a case involving products liability, a plaintiff or group of plaintiffs might claim that a manufacturer did not list adequate warnings on the packaging for a product containing toxic silica.
In many of these cases for damages related to silica exposure, plaintiffs may be bringing suit against liable defendants many years or decades after their exposure. Part of proving the case depends on the ability to prove that the defendant knew or should have known about the dangers and neglected to take the necessary steps to prevent their injuries. For help with starting a claim, a victim should speak to a lawyer as soon as possible.
Wilmington Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Help People Hurt by Silica Dust Exposure
Silica dust exposure can cause health complications. If you developed a severe injury or illnesses, such as a rheumatic disease, as a result of an exposure to silica dust, you might be able to pursue a lawsuit against the liable party. The Wilmington toxic tort lawyers at Jacobs & Crumplar, P.A. will work tirelessly on your behalf to protect your rights. For more information and a free consultation, call us at 302-656-5445 or complete our online form today. We are conveniently located in Wilmington and Millsboro, Delaware, and we serve clients throughout Dover, New Castle County, and Sussex County.
Why Should I Speak to an Attorney About Water Contamination?
Water contamination is a serious issue that can have significant adverse effects on a person’s health. Water is one of the most important substances for human life and health. If drinking water is contaminated, it quickly becomes a hazard rather than nourishment. Contamination can lead to serious injury or illness, and a victim may need to seek legal assistance to recover damages.
Water contamination has been known to cause serious illness in children and adults and has been found to be responsible for birth defects when consumed by pregnant women. When considering a lawsuit for water contamination, one should think about the following:
- Liability: Who is responsible for the safety of the available water?
- Knowledge: Did they know that contamination was present or at least that there were issues that made contamination likely?
- Criminality: Did the other party fail to follow local or national regulations for water safety?
These are not the only factors that are relevant to a lawsuit for water contamination. Additionally, each one of these does not have to be met to file a suit. These types of lawsuits are complicated, but a toxic tort lawyer can help their client understand all possible options.
How Safe is Public Drinking Water?
The United States has some of the safest and cleanest drinking water because of regulations implemented by the Environmental Protection Agency (EPA). However, contamination still happens. Even though there are rules in place when it comes to water supplies, many components of the public water system are old and outdated.
How Does a Water Supply Become Contaminated?
A water supply can become contaminated when a pipe breaks or becomes damaged, allowing foreign substances to get in the water. Additionally, water can be contaminated by materials from decaying water pipes. Any defect that allows unintended substances into the water supply can lead to dangerous contamination.
What are Common Contaminants in Drinking Water?
Drinking water contamination can include the presence of parasites, like Giardia, or viral infectious elements, like norovirus. It can also relate to known harmful substances, like asbestos and led. The Centers for Disease Control and Prevention (CDC) has identified a large number of water contaminants and tracks data for the public health issues resulting from them.
How can I Identify Contaminated Tap Water?
Identifying specific contaminants requires professional testing. However, there are a few ways to help identify unsafe water:
- Cloudy Water: Water should be clear.
- Off-Color: Brown or orange-tinted water may indicate rust or a damaged line, allowing dirt and other substances in. A blue or green tinge could mean copper contamination.
- Slimy Feel: Some contamination can actually make the water feel different. Water that causes the skin to feel slimy after contact is a significant warning sign.
- Odd Smell: Water that smells strongly of bleach can be a sign of excess chlorine. A rotten egg smell may indicate hydrogen sulfide contamination.
If one believes they have an illness because of contaminated water, they should speak to a lawyer right away.
Wilmington Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Help Clients Affected by Water Contamination.
Water contamination can be extremely damaging. If you are suffering from the adverse effects of water contamination, you are likely entitled to compensation. A Wilmington toxic tort lawyer at Jacobs & Crumplar, P.A. can help determine if you have a case for compensation. Contact us online or call us at 302-656-5445 for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
Delaware River Basin Commission Bans Hydraulic Fracturing
As fossil fuel resources have dwindled, efforts have increased to find new avenues. The Marcellus Shale, an extensive rock formation, has been found to be a source of natural gas embedded deep inside underground fissures. It runs through a number of states, including Delaware, Pennsylvania, and New Jersey. The area has been of great interest to oil and gas companies. They use hydraulic fracturing to explore for and extract gas from the rock. The process involves drilling wells deep into the rock, and injecting high volumes of pressurized and chemically treated water to force open fissures to get to the gas deposits.
Concerns over hydraulic fracturing have been growing. Hydraulic fracturing has been found to cause extensive environmental damage and water contamination. Contamination occurs through three pathways: spills, discharge of waste into rivers and streams, and the underground migration of chemicals and methane gas into drinking water wells.
The Delaware River Basin Commission (DRBC) is an interstate commission overseeing aspects of protection of the water quality of the Delaware River and its tributaries. Recently, the DRBC voted to ban hydraulic fracturing in the Delaware River Basin entirely. This vote will result in protections against dangerous hydraulic fracturing activities and has been touted as a major win by environmental advocates. The decision not only bans hydraulic fracturing wells from being drilled, it also bans taking of water from the area and bans dumping waste products.
What are the Challenge of Toxic Torts?
People who have gotten ill from exposure to toxic materials can seek compensation through a toxic tort action. This is a legal claim to recover from harm from the exposure to a dangerous substance, such as a drug, pesticide, or chemical. When large numbers of people are affected, they can join together in a class action suit.
The challenge in toxic tort claims is proving causation. Illnesses caused by exposure to toxins do not generally manifest right away. The delay in showing symptoms can make it challenging to prove both the exposure and that the exposure that caused the illness. Other challenges include the potential for intervening factors. If other causes of the illness are possible, it can be difficult to prove that the specific toxin was the main cause of the illness. In addition, it can be difficult to identify the defendants in a case, particularly if the exposure was not recent. For example, a particular drug may be made by more than one manufacturer, which may change over time.
Despite these challenges, it is possible to bring and win toxic tort claims. Scientific developments are evolving and continue to establish linkages between chemicals and diseases. A recent example of a successful toxic tort claim involved individuals being exposed to toxins by a popular weed killer. A number of people were found to have non-Hodgkin’s lymphoma after using the product. In three recent jury trials, the manufacturer was found to have failed to warn users of the dangers of using the product, and the plaintiffs were awarded significant financial compensation.
If one needs legal counsel about a toxic tort case, they should speak to a lawyer as soon as possible. These cases are hard to prove, but a lawyer can fight on behalf of their client.
Wilmington Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Help Clients Affected by Water Contamination
The ban on hydraulic fracturing is a great moment for environmental advocates. If you believe you are sick from water contamination, a Wilmington toxic tort lawyer at Jacobs & Crumplar, P.A. can help you. Call us at 302-656-5445 or complete an online form for a free consultation today. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
Can I File a Toxic Tort Claim for Dangerous Silica Dust Exposure?
Individuals who have been exposed to crystalline silica dust are at risk for serious health issues. This toxic dust is used extensively in many industries and consumer products, despite its dangerous consequences. A victim who becomes sick after inhaling silica dust can sue for damages suffered as a result of their exposure.
What is Crystalline Silica Dust?
Crystalline silica is a naturally occurring mineral found in the ground. Used in common stone and building materials in many construction applications, crystalline silica is present in stone, rock, concrete, mortar, and sand. It is found in natural stone, and it is used in the production of artificial stone and bricks, as well as ceramics, pottery, and glass.
Crystalline silica dust is produced when these products are broken down by grinding, drilling, cutting, or crushing. This includes the pulverization of natural sources, like stone, rocks, and sand, as well as man-made materials, such as concrete, brick, and mortar. When these materials are disturbed, they release toxic microscopic particles that float through the air.
How can a Person be Harmed by Crystalline Silica Dust?
The vast majority of harmful exposures occur in work settings. Employees that work for construction firms or in factories that manufacture products that contain crystalline silica are at the highest risk. However, people living in the vicinity of these worksites or industrial plants can also become exposed and develop health conditions. Likewise, consumers who use silica-containing products are also at risk.
Among the most serious health issues caused by exposure to crystalline silica dust are lung cancer, chronic obstructive pulmonary disease (COPD), and kidney disease. Exposure can also cause silicosis, which is inflammation and scarring in the lungs that can cause permanent disability and death.
How can a Victim Seek Fair Compensation After Exposure?
A person who has gotten sick as a result of a toxic exposure to silica dust has the right to file an environmental toxic tort, which is a legal claim to damages. In silica dust exposure cases, negligence can exist on the part of a careless employer or in a products liability claim. The claimant has a right to sue the negligent party for monetary damages. In some states, however, the person suffering from exposure-related health complications may not be able to take legal action unless their health is affected to a significant degree. To determine if one is able to pursue a lawsuit, it is essential to contact a lawyer right away.
Delaware Environmental Lawyers at Jacobs & Crumplar, P.A. Represent Clients Suffering Illnesses After Crystalline Silica Dust Exposure
If you developed an illness as a result of crystalline silica dust, you may have a case against those responsible for your exposure. You should discuss your case with one of our Delaware environmental lawyers at Jacobs & Crumplar, P.A. Our legal team helps clients recover compensation after being exposed to dangerous levels of silica dust. Complete our online form or call us at 302-656-5445 for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
Who Do I Sue for Toxic Mold?
Finding mold in a home, rented property, or business can be shocking and worrisome. Though small amounts of mold can be effectively removed without bringing in professionals, large amounts of mold may require extensive repairs and remediation.
Many people who have discovered unexpected pockets of mold and mildew wonder if they can or should sue for damages. This depends on the circumstances. However, everyone should first understand what makes mold a possible health, financial, and environmental concern.
Why is Mold a Potential Problem?
Mold tends to grow in dark places exposed to high humidity and moisture. This is why many people find mold in dank basements, around roof leaks in attics, and along the baseboards and walls of bathrooms. Mold spores breed rapidly and destroy materials, including drywall, wood, and carpeting. Mold generally emits a subtle or strong odor that smells musty and slightly dirty. Even if the humidity and dampness change, mold will not necessarily go away on its own. Instead, mold spores will remain in a dormant state until conditions change and they can grow again.
Although some sources suggest that toxic mold is not a huge health problem, many scientists disagree. People who are sensitive to mold can develop allergic reactions, asthmatic responses, and respiratory issues if they are exposed to moldy places.
Can Mold be Cleaned?
Small pockets of mold can be removed with special cleaners and solutions. However, bigger patches of mold may require the help of mold remediation specialists and construction professionals. For example, a piece of drywall that has been affected by mold will need to be removed, the area sanitized, and the drywall replaced. Therefore, mold removal can end up being a costly problem.
This is one of the reasons why an individual may want to pursue a lawsuit if they find mold. A successful suit might help offset most or all of the expenses related to mold remediation. However, suing may not be necessary if other steps are taken.
What are Physical and Mental Signs of Mold Exposure?
Not everyone who is exposed to mold experiences bad reactions. Nevertheless, some people report headaches, coughs, colds that will not go away, watery eyes, memory problems, fatigue, and even nosebleeds. Any symptoms should be evaluated by a physician to rule out other reasons for the problems.
What to Do After Finding Mold
A homeowners who discovers mold will want to contact their homeowner’s insurance provider. Many providers will help pay for mold removal, only charging the homeowner the deductible. It should be noted, though, that some policies clearly state that long-term mold damage is not covered. Therefore, a homeowner should inspect and know their policy terms.
A person who is renting a home should tell their landlord or property manager about the mold. This gives the person who owns the apartment, condo, townhouse, or home a chance to fix the situation.
Employees who work in businesses with obvious signs of mold need to alert their employers to the problem. This allows the employer to take the necessary steps to evaluate the mold situation and get help.
When is it Time to Call a Lawyer Regarding a Mold Infestation?
If the mold is not being properly taken care of, a person may talk to a lawyer for help with an environmental toxic tort claim. An attorney will work hard to make sure that living or occupational locations are safe and healthy for workers and the public.
Homeowners who are turned down by their homeowner’s insurance and think the mold could be related to poor construction practices may also want to call an attorney. Although winning a mold-related lawsuit can be challenging, it can be worth the effort if the mold is widespread and has led to medical and financial hardships.
Wilmington Environmental Lawyers at Jacobs & Crumplar, P.A. Provide Counsel for Clients Exposed to Toxic Mold
Did toxic mold lead to financial and medical problems for you or a family member? Exercise your legal rights by speaking with one of our Wilmington environmental lawyers at Jacobs & Crumplar, P.A. Call us at 302-656-5445 or contact us online for a free consultation, Located in Wilmington or Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
How Do I File a Toxic Tort Claim?
A tort, such as a toxic tort, can be defined as a civil wrong committed by one party to another that causes property damage, personal injury, or another loss.
A toxic tort claim is when a personal injury resulted from exposure to a hazardous substance. This could include chemicals, pesticides, lead, asbestos, and toxic landfill waste. These lawsuits can be brought by individuals or groups; the latter can be defined as a class action lawsuit.
What are the Types of Toxic Tort Cases?
Plaintiffs will usually claim that their illnesses or injuries were caused by exposure to dangerous substances. Here are a few categories of different types of toxic tort cases:
- Consumer goods: Pesticides or dry-cleaning solvents.
- Home exposure: Toxic mold, lead paint, and chemicals used to clean carpets.
- Pharmaceutical drugs: Some dangerous drugs, such as Prozac.
- Occupational exposure: Workers exposed to benzene or asbestos.
- Class action lawsuits: These take place when groups of people all become ill or injured after being exposed to hazardous substances.
Who is Sued in Toxic Torts?
Finding the root cause of the plaintiff’s damages in a case could take time, especially if the problems took years to develop, like in mesothelioma cases.
Plaintiffs and their legal teams must consider every entity that could be linked to the illness or injury. There could be more than one party responsible, including:
- Owners of the location where the plaintiff was exposed.
- Companies who stored the dangerous substances.
- Manufacturers
- Distributors
How Do I Gather Proof for a Toxic Tort Claim?
When getting started, it is essential to understand how state laws apply to the toxic tort case, including any applicable statutes of limitations.
During the evidence gathering stage, plaintiffs must focus on showing that they were exposed to the substance, that the substance was toxic, and that this resulted in harm to the plaintiff. This can be challenging since the exposure may have taken place over a long time period. To pursue toxic tort claims, plaintiffs can focus on the following:
Fraud: To establish a fraudulent claim, the plaintiff has to prove that the defendant had a duty to disclose about the toxic materials but neglected to do so. The plaintiff can allege that the defendant knew that the substance was hazardous but hid this fact. The plaintiff can also show that the defendant marketed and sold the substance as a safe product through the use of false or misleading information.
Strict Liability: Strict liability toxic tort cases are more straightforward. The plaintiff must verify to the court that the product or substance was defective. It must also be shown that the plaintiff was sickened or injured by the defect.
Negligence: For negligence claims, plaintiffs focus on proving that the defendant exhibited a negligent failure to research and investigate a chemical. Also, the plaintiff can attempt to prove that the defendant failed to warn consumers about these harms.
Having expert testimony, scientific studies, and guidance from an experienced toxic tort lawyer can also be very helpful when gathering evidence for a claim.
Delaware Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Have Immense Experience in Difficult Toxic Tort Claims
Filing a claim can be difficult, but you can trust our knowledgeable Delaware toxic tort lawyers at Jacobs & Crumplar, P.A. We will fight aggressively to get you the compensation you deserve. For a free consultation, call us at 302-656-5445 or contact us online. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.