Refinery Fire Illustrates Environmental Dangers of Industrial Plants
When the 63-year-old oil refinery hugging the edges of Delaware City began to burn earlier this month, its plumes of smoke became visual reminders of the dangers people face when they live and work close to industrial plants. Although the fire is gone and emergency response teams were heralded for their fast reactions, many individuals who reside or spend time near the refinery are still uncertain about their safety.
Problems with Industrial Fires
Fires can break out in any structure, but when those structures house chemicals and fossil fuels, they become especially hazardous. Aside from explosions that could potentially put nearby structures at risk, those types of fires can release toxic substances into the atmosphere. While not everyone may be sensitive to the contaminants of black smoke, others could experience short-term or even long-term problems.
For instance, consider someone with a compromised immune or respiratory system, such as a senior citizen or a child with asthma. For them, being close to this type of disaster could cause physical hardships, not to mention discomfort and pain.
Life Near Industries
Oil refineries are merely one type of industry that could be set up close to residential neighborhoods or office parks. From pharmaceutical makers to manufacturers of pet foods, any type of industrial firm could set up shop. This could increase risks for everyone who calls the area home, especially in the case of pollutants being released into the air and soil. Depending upon the direction of the wind or the by-products created by a disaster, like a fire, residents can be put in immediate danger.
Other Facts About the Fire
As media began to dig into the oil refinery fire, some interesting and concerning facts arose, including:
- Fires had taken place at the oil refinery previously, but were not well-known because the smoke was not as apparent.
- Environmental regulators have assured the press that no one was injured from the blaze, despite individuals noting an odor, and some reporting headaches after the fire was put out.
- Not everyone in the neighborhoods around the burning oil refinery were notified, despite emails that were allegedly distributed to specific parts of the community.
- The air has been monitored for sulfur dioxide and hydrogen sulfide, just in case. Thus far, no detection of the two hazardous chemicals has been noted by air monitoring authorities.
- The oil refinery is reportedly in violation of the Clean Air Act and has been for at least two years. Additionally, the refinery has been plagued with other environmental violations, including an unpermitted release of an unknown amount of sulfur dioxide and carbon monoxide.
Wilmington Chemical Exposure Lawyers at Jacobs & Crumplar, P.A. Hold Environmental Offenders Responsible
Not everyone lives near an oil refinery in Delaware, but many individuals and families live close to industrial structures and businesses. If you feel that a nearby industrial plant’s burn-off, run-off, or by-products may be negatively affecting you and your family, please contact the Wilmington chemical exposure lawyers at Jacobs & Crumplar, P.A. Call us today at 302-656-5445 or contact us online to set up a free initial consultation. Located in Wilmington and Georgetown, Delaware, we serve clients throughout the state, including the areas of Dover, New Castle County, and Sussex County.
Exposure to Dirty Air Could Harm Hearts of Children
Exposure to toxins in polluted air can have devastating effects on an individual’s health. An Ohio State University study suggests there are also significant health risks for children whose parents were exposed to polluted air before the child’s conception. A parent’s exposure to polluted air prior to conceiving a child could result in serious heart problems for their child. For individuals frequently exposed to highly polluted air, such as military members and residents of large cities, the risk is even greater.
Study Findings
Researchers studied the effects of exposure to polluted air on mating mice. Results published in the Journal of the American Heart Association indicated that exposing mice to dirty air prior to their mating resulted in increased health risks for subsequent generations of mice. Offspring that were exposed to dirty air prior to conception developed heart problems, including impaired heart function, elevated markers of oxidative stress, such as low antioxidant levels, and altered amounts of beneficial calcium regulatory proteins. These heart conditions appeared in young and healthy mice who should not have been displaying increased risks for heart disease.
The study attempted to replicate dangerous contaminated air levels with harmful matter similar to levels routinely seen in large cities, such as Beijing or Los Angeles. Dirty air was created with particulate matter levels in accordance with the United States Environmental Protection Agency’s daily air quality standards. The mice were exposed to the dirty air on average for 30 hours per week prior to their mating period.
Male offspring of mice exposed to the dirty air were studied after their birth for any adverse health complications. In addition to taking basic echocardiographs on the mice, the animals’ cells were examined for typical markers of heart disease. Researchers found overwhelming evidence that the parents’ exposure to pollution prior to conception could result in harm to the offspring.
The scientists plan to continue their research by studying the differences between male and female offspring and determining if the exposure to the parent had a greater effect on the offspring. As the animal research continues, human studies are expected to follow on populations highly exposed to toxic air, such as those in New Delhi, India and Beijing, China.
Responsible Parties
Entities placing dangerous toxic substances in the air may eventually face responsibility for physical injuries. Individuals injured by exposure to toxic substances often spend significant amounts on medical treatment and rehabilitation. Other individuals suffer lost wages due to their inability to work. Individuals exposed to toxins may be entitled to compensation for any adverse health effects they suffer, including injuries to their unborn children. Corporations responsible for releasing toxins into the environment may be found responsible for causing these injuries through the filing of civil lawsuits. Consulting with an experienced environmental lawyer is the first step in determining whether compensation is available for toxic exposure injuries.
Delaware Environmental Lawyers at Jacobs & Crumplar, P.A. Help Individuals Injured by Toxic Exposure
At Jacobs & Crumplar, P.A., our experienced Delaware environmental lawyers help toxic exposure victims obtain compensation for their injuries. Our offices are conveniently located in Wilmington and Georgetown, Delaware to serve injured individuals throughout Dover, New Castle County, and Sussex County. To schedule a free consultation, call us today at 302-656-5445 or contact us online.
Attorney Crumplar Comments on Delaware Chicken Plant Wastewater Spill
Attorney Thomas C. Crumplar of Jacobs & Crumplar, P.A. offered commentary on the wastewater spill that occurred at the Mountaire Farms poultry processing plant in Millsboro, Delaware. Up to one million gallons of partially treated wastewater was reported to have spilled onto the ground on Wednesday as a result of a machine malfunction. Although representatives for Mountaire claim the leak was contained, neighbors who reside near the plant are concerned about potential contamination of well water.
Read the article featured in Delaware Online
Read the article featured on WHYY
Attorneys at Jacobs & Crumplar and other firms are currently representing numerous Millsboro-area residents who believe they were affected by contaminated drinking water related to alleged violations on the part of Mountaire Farms.
If you believe you developed an illness due to water contamination or need legal counsel on environmental issues, contact the Delaware toxic tort lawyers at Jacobs & Crumplar, P.A. at 302-656-5445 or contact us online to schedule a free consultation We serve clients throughout Delaware, including those in Dover, Georgetown, and Wilmington, and we serve as local counsel in cases nationwide.
Delaware Prevents Lead Poisoning
Recently, House Bill 456 made Delaware the first state to ban lead paint on outdoor structures, including water towers, bridges, playground equipment, and roads. Lead poisoning is serious and can have life-long consequences. There is no safe level of exposure and no way to reverse the effects of exposure. Exposure to lead can cause:
- Behavioral and learning disabilities in children
- Kidney damage
- Reproductive issues
- High blood pressure
- Anemia
Anyone violating the ban of lead-based paint on outdoor fixtures in Delaware could face a fine of $10,000 per day of violation. Delaware’s ban on lead-based paint for outdoor structures comes after a two-year campaign initiated by a nurse and an environmentalist. Both women are residents of the state. Although this bill marks great progress, legislatures know there is still more to be done.
Lead Paint Removal
Currently, there are no regulations in place for the removal of pre-existing lead-based paint on outdoor structures. When lead paint is removed, dust and particles enter the air. This places workers, as well as residents, at risk of lead exposure through inhaling or ingesting the particles in the atmosphere.
The Environmental Protection Agency’s (EPA) Lead Renovation, Repair and Painting Rule protects the public from lead-based paint hazards associated with renovation or removal of lead-based paint indoors and on the outside of homes. Certain safety regulations currently include:
- Removal by certified contractor
- Clearly posted warning signs
- Isolating the area to prevent dust and particles from traveling through the air
- Waste removal regulations
- Dry paint removal machines that include a vacuum attachment
Although this matter is hoped to be resolved sometime in July 2019, for now, Delaware still allows sandblasting to remove lead-based paint from outdoor structures.
Rental Inspections
The Consumer Product Safety Commission (CPSC) banned the use of lead-based paint for indoor use in 1978. Although pre-existing paint is subject to the stringent EPA regulations mentioned above, there are no mandatory inspections in place to inform renters that their rental home is lead-free.
Childhood Lead Poisoning Detection
The Centers for Disease Control and Prevention (CDC) recommend that healthcare agencies develop policies for childhood lead poisoning prevention. The recommendations include the following three prevention areas:
- Primary prevention activities: Reducing risk of lead exposure before a child is born, specifically by avoiding moving into a home with lead-based paint.
- Secondary prevention activities: Screening and reducing the effect of exposure with follow-up care.
- Monitoring activities: Development of systems to monitor children’s levels of exposure, and sources of exposure.
Although House Bill 424 would have allowed for a second childhood lead exposure test at two years old, it was not approved. The state looks to 2019 for further advances in policies regarding risk detection and poisoning prevention.
Delaware Environmental Lawyers at Jacobs & Crumplar, P.A. Advocate for Victims of Toxic Exposure
If you were exposed to lead-based paint at work or your child was exposed to lead-based paint in your home, contact a Delaware environmental lawyer at Jacobs & Crumplar, P.A. Our dedicated attorneys can help obtain the financial resources you need to move forward. Call 302-656-5445 or complete our online form for a free case evaluation. From our offices in Wilmington and Georgetown, Delaware, we represent clients in Dover, Newcastle County, and Sussex County.
Household Chemicals Linked to Childhood Speech Delays
A recent study published in the Journal of the American Medical Association (JAMA) Pediatrics shows a troubling connection between prenatal exposure to common household chemicals and childhood language delays. Around 10 percent of children born to women exposed to chemicals, called phthalates, displayed language delays in their children between the ages of 30 and 37 months.
Delays constituted using 50 words or less. Children displaying more significant delays understood less than 25 words. Speech delays are only one way these chemicals have been shown to impact the developing fetus. The JAMA study adds to a growing body of research that indicates these chemicals are harmful to the developing human brain and therefore should be more strictly regulated.
Phthalates are All Around Us
Phthalates are a group of chemicals designed to make plastic more flexible and durable. They are in everything from children’s toys, to beauty and personal products, to building materials. These chemicals enter the environment and can be found in the air we breathe and food we consume. They are detectable in human blood, breast milk, and even in the amniotic fluid surrounding a growing baby.
Prenatal Exposure
Swedish and American researchers partnered on the study, which followed more than 1300 expectant mothers in both countries. Urine samples taken from the women were tested for phthalates. One hundred percent of the participants in the JAMA study showed traces of phthalates in their bodies.
Researchers identified two types of phthalates that seemed linked to verbal delays: dibutyl phthalate and butyl benzyl phthalate. Mothers with higher levels of these two chemicals had children with discernible speech delays. Researchers say their findings suggest more investigation into the effects of phthalates on humans is warranted. They intend to follow up with the children in three to four years to assess their language development at that time.
Preventing Toxic Exposure to Phthalates
Because these chemicals are virtually all around us, it is not easy for pregnant women to avoid them altogether. To make it even more challenging, many products like textiles and flooring that contain these toxic chemicals do not label their ingredients. To decrease the risk of exposure to phthalates, consumers should look for products that are labeled phthalate-free and avoid foods and drinks that are overly processed. Experts also recommend keeping a tidy house, as phthalates on products and items throughout the home become mixed with household dust.
Wilmington Chemical and Toxic Exposure Lawyers at Jacobs & Crumplar, P.A. Represent Victims Harmed by Dangerous Chemicals
At Jacobs & Crumplar, P.A., your Wilmington chemical and toxic exposure lawyer works diligently to prove liability for your illness or injuries. We will secure the documentation you need to prove your claim including medical records and evidence of your exposure to these hazardous chemicals. To schedule your free consultation, call 302-656-5445 or contact us online today. With locations in Wilmington and Georgetown, Delaware, we proudly represent clients throughout Dover, Sussex County, and New Castle County.
Cancer Agent in Firefighter’s Gear
Firefighters have a higher rate of cancer than those in other professions. A few years ago, a multi-year study of 30,000 firefighters was started by the National Institute for Occupational Safety and Health (NIOSH) to look at the incidence of cancers among firefighters. It found that more cases of bladder and prostate cancers were found in younger firefighters than expected.
In the past, much of the research into this phenomenon has been focused on smoke as a possible cause. However, today researchers are looking at another potential cause. Perfluorinated alkyl substances (PFAS) are present in fire suppressing foams used by firefighters to contain fires. Perfluorooctanoic acid (PFOA) is a water repellant PFAS. It is used to make protective clothing, called turnout gear, for firefighters.
Concerns about PFAS, and specifically PFOA, as a potential carcinogen have been rising over time. The Centers for Disease Control and Prevention (CDC) recently issued a fact sheet to physicians warning them that increases in prostate, kidney, and testicular cancers were found in workers exposed to PFAS and people living near a PFOA manufacturing site.
PFOA has now been phased out of domestic manufacturing by the Environmental Protection Agency (EPA). The agency is also developing groundwater cleanup recommendations for PFOA.
Search for Answers
When a firefighter was recently diagnosed with prostate cancer, his wife sought answers. Acting on a hunch, she sent samples of her husband’s turnout gear to a lab. Results came back with a high level of PFAS. Meanwhile, a professor at the University of Notre Dame had a similar suspicion. He tested fabric swatches from unused turnout gear for fluorine, a component of PFAS. It was present in all but one of the samples. He is now conducting further studies on gear issued throughout the 2000s.
The studies will examine unused gear, gear that has been used extensively, and gear that has been washed to see if the fluorine content of the fabric and the wash water change over time.
A Manufacturer Goes Silent
One of the biggest makers of turnout gear is DuPont. The company studied PFOA in the 1990s. Some of its scientists published a paper about the potential connection between PFOA and testicular and pancreatic tumors. In 2006, DuPont issued a shareholder’s report noting that PFOA accounted for a significant part of their business and that regulating the compound could pose a significant financial burden to the company. DuPont has recently stated that it no longer makes, uses, or buys PFOA, and cannot comment on these materials.
Demand for Action
Nearly 20 years ago, an environmental attorney successfully sued a chemical manufacturer in a toxic tort case where PFOA contaminated water in West Virginia. Recently, that attorney sent a letter to federal authorities, including the EPA and the U.S. Attorney General’s office, demanding national tests be conducted on firefighters exposed to PFOA. Some states have chosen not to wait to try to protect firefighters. Washington State has banned PFOA from being used in firefighting foam and requires fire gear made with it to add a warning label.
Georgetown Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Advocate for Those Harmed from Toxic Chemicals
If you have developed cancer or another disease, and believe a chemical exposure is responsible, our toxic tort firm may be able to help. Call us today at 302-656-5445 or complete our online form to reach one of our experienced Georgetown toxic tort lawyers at Jacobs & Crumplar, P.A. for a free initial consultation. With offices in Georgetown and Wilmington, Delaware, we represent clients throughout the state.
Silica Exposure Risks at Work
Across the country, millions of United States workers have been exposed to a substance called crystalline silica. Found in the Earth’s crust, this mineral is used in the manufacture of a variety of materials, including bricks, glass, and stone.
Construction workers, machine operators, steel workers, and other types of laborers who inhale the tiny particles of this substance are at risk of developing serious and potentially fatal respiratory diseases.
What is Silica?
Respirable crystalline silica, or silica dust, is microscopic – almost 100 times smaller than grains of sand. Concrete, granite, stone, and other materials contain this mineral.
When these materials are broken up by sanding, blasting, drilling, grinding, or manufacturing, workers become exposed to this fine dust.
What are the Risks of Silica Exposure?
Workers who inhale these tiny silica crystals are at a greater risk of developing:
- Chronic obstructive pulmonary disease (COPD)
- Kidney disease
- Lung cancer
- Silicosis
Silicosis is an incurable lung disease caused by breathing in dust containing crystalline silica particles. The dust forms scar tissue that limits lung function and makes it difficult to extract oxygen from the air.
Acute silicosis can develop after brief exposure to crystalline silica particles, and the early stages of this disease often go unnoticed for years.
How Can Employers and Workers Control Exposure to Silica Dust?
The Occupational Safety and Health Administration (OSHA) established a Permissible Exposure Limit (PEL), in order to regulate the maximum amount of silica dust that employees can be exposed to in a single work shift. In addition to the PEL, OSHA is launching an education and training initiative to help employers reduce worker exposure to the potentially dangerous substance.
Silica exposure prevention often involves:
- Changing of clothes and showering before leaving the worksite
- Eating and drinking away from any space that may contain silica dust
- Ongoing air quality monitoring
- Proper ventilation
- Use of respirators among workers
- Replacement of silica with an alternative substance
What is an Environmental Toxic Tort?
An environmental toxic tort is a type of personal injury claim involving a plaintiff who has been harmed by exposure to any toxic chemical or material, including asbestos, benzene, mold, pesticides, and silica. This exposure can take place at home, through the use of various consumer products, in the environment, or at work.
Toxic tort cases are generally brought against anyone who may have a legal duty to protect the plaintiff, like an employer, landlord, or product manufacturer. In this type of case, the plaintiff must show they were exposed to the dangerous substance and harmed as a result.
Toxic tort cases can be challenging, because symptoms may not appear until years after the initial exposure. They require skilled legal counsel from a Dover chemical and toxic exposure lawyer experienced in this type of litigation.
Dover Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Fight for Victims of Silica Exposure
If you have developed a silica related-disease, Dover chemical and toxic exposure injury lawyers at Jacobs & Crumplar, P.A. can help determine who may be liable for your exposure. To discuss your case, call 302-656-5445 or complete the online contact form to get started. Our offices are in Wilmington and Georgetown to serve residents throughout the state of Delaware.
Toxic Mold in State Office
Employees of the Delaware Department of Health and Social Services noticed small amounts of mold growing on bookcases, surfaces, and chairs at a state office in the Blue Hen Corporate Center in Dover. Although the building lease was not planned to expire until December 2025, the state department decided that terminating the lease in July 2018 would be the best course of action.
Although the levels of mold found in the state office were not suspected to be a threat to the employees or public, symptoms of mold exposure are hard to detect and may mimic other allergies. Mold grows in warm, damp, and humid environments and can survive in dry climates, too. As summer temperatures climb, concerns about mold growth in homes, schools, and offices are on the rise. Mold can be found almost anywhere, so it is important to know when there is a cause for concern.
Debunking Toxic Mold
Toxic mold is most often used by the media to describe mold that may cause health issues. Toxic mold has become associated with fatal and debilitating diseases, such as lung hemorrhaging, cancer, brain damage, and other serious cognitive and physical problems. However, there is no conclusive evidence to support the notion that toxic mold causes these illnesses.
In fact, there is no such thing as toxic mold, but there are toxigenic molds. These molds have molecular toxins, which if ingested in large quantities over time, can cause health issues. In fact, most serious health problems related to mold exposure arise only when there is a build-up of high concentrations of mold.
Toxigenic Molds
One of the most well-known types of toxic mold is Aspergillis. Aspergillis can be found in the same areas where other types of mold grows, such as:
- Basements
- Bathrooms
- Window sills
- Wallpaper
- Wood
Keep in mind that although Aspergillis is common in low levels, it is not considered hazardous unless found in high concentrations. Though some people become ill from high concentrations of toxigenic mold, many of the health problems thought to be potentially mold-related may be caused by more common types of mold.
Aspergillosis
Aspergillosis is a term used to describe a set of symptoms or diseases that Aspergillis can cause. Invasive aspergillosis is a disease caused by mold that damages lung tissue and can spread throughout the body. Although healthy people can contract invasive aspergillosis and other forms of the disease, it is most commonly found in people with pre-existing health problems.
Mold Allergies
All mold, whether toxic or not can cause a variety of symptoms, but just like most allergies, sensitivity to mold varies from person to person. Symptoms of mold allergies can be like other allergies and include:
- Nasal stuffiness
- Irritated eyes
- Coughing
- Wheezing
However, those with more severe reactions may experience flu-like symptoms, fever, and shortness of breath.
Dover Toxic Mold Lawyers at Jacobs & Crumplar, P.A. Provide Expert Legal Assistance for Those Exposed to Environmental Toxins
If you are suffering from exposure to mold or another toxin in your home or work environment, a Dover toxic mold lawyer at the law firm of Jacobs & Crumplar, P.A. can evaluate the details of your case to determine the compensation legally owed to you. Contact us today by calling 302-656-5445 or contact us online to schedule a free consultation. We represent clients throughout Delaware from our Wilmington and Georgetown offices.
Occupational Exposure to Toxins
Millions of employees report to offices and job sites where they are in contact with dangerous chemicals every day. It could be at a hospital, a construction site, a laboratory, or a host of other places. Companies are obligated to protect their staff from these hazards, and employees should be vigilant about taking precautions as well.
There are many different kinds of chemical toxins in workplaces. Such toxins include:
- asbestos
- hydrogen peroxide
- formaldehyde
- ammonia
- chloroform
- lead
- iodine
- zinc
- mercury
- uranium
- arsenic
- others
Bodily harm from these toxins can occur after long periods of exposure, or during a one-time accident. Severe burns, blindness, respiratory problems, mesothelioma, and cancer are a handful of the wide range of harmful results of toxic exposure.
Regulations for Toxic Chemical Exposure
Chemical manufacturers make Material Safety Data Sheets (MSDS) available for companies, and these provide detailed information about the chemicals, their toxicity, reactivity, storage, health effects, protective equipment, and more. Companies should have MSDS books on site and adhere to their specifications.
The Occupational Safety and Health Administration (OSHA) provides a Hazard Communication Standard, which was created to communicate the proper information about all substance hazards and safety procedures to all employees. This includes training on how to handle the chemicals, and how to protect themselves around them.
Occupational Exposure Limits, or OELs, govern chemical exposure levels in workplaces. OSHA’s Permissible Exposure Limits (PELs) protect workers by setting limits on airborne concentrations of dangerous chemicals. There are around 500 types of PELs, and specific ones for general industry, construction, and shipyards.
Controlling Toxic Chemical Exposure
According to OSHA, company leadership has the most responsibility for controlling hazardous chemical and toxic substance exposure in their workplaces. Work practices and engineering controls need to be established and administrated effectively at all times.
Employees should also be highly cautious when working around and with toxic chemicals. Using protective gear such as face masks and goggles is crucial. Ventilation is another critical safety measure, and can be accomplished by diluting the chemical’s concentration with uncontaminated air. Isolating the chemicals in a separate area when they are not in use also reduces exposure, and the chemicals must always be properly labeled and their use monitored.
Accidents Still Happen
Having a safe workplace environment is an employee right, not a privilege. Yet even with safety precautions in place, accidental and unknown overexposure to hazardous chemicals occurs in workplaces. Other incidences occur if the company is not adhering to environmental regulations, or if material shipment, storage, or handling is done improperly. It can also occur if safety procedures are outdated.
If an employee becomes sick or experiences other bodily harm, they could be entitled to a Worker’s Compensation claim. In these cases, it is important to see a physician right away for an accurate diagnosis. If it is determined that the illness is from toxic exposure at work, the employer may have been negligent.
Dover Chemical Exposure Lawyers at Jacobs & Crumplar, P.A. Help Victims Harmed by Chemical Exposure
If you or someone you care for is suffering the effects of hazardous chemical exposure, contact a highly experienced Dover chemical and toxic exposure injury lawyer at Jacobs & Crumplar, P.A. We are ready to help you get the compensation you deserve. Call 302-656-5445 or contact us online. Our offices are located in Georgetown and Wilmington, Delaware and our attorneys practice nationwide.
Take-Home Asbestos Case Decision Reversed
Delaware’s Supreme Court recently reversed a dismissal of a “take-home” asbestos case. This precedent-setting ruling overturned a Delaware law that protected companies from being liable to workers’ spouses. It also increased the liability to include companies that manufacture industrial process products.
The Court unanimously decided that an employee’s wife, who had frequently laundered her husband’s asbestos-contaminated clothes, had a valid toxic tort claim against the manufacturers that provided the products to his employer. Certain contaminants such as asbestos or lead can be absorbed into a worker’s clothing. If worn or taken home, it can expose other members of the household to the dangerous toxins. The clothes can spread small yet unsafe amounts of toxic material into the home. In this situation, repeated exposure to the contaminated clothing may have caused the victim’s cancer.
Court Case and Appeal
The original case was brought by the estate of the victim, who passed away in 2015 from lung cancer. Jacobs & Crumplar represented the Plaintiffs in the case. Court documents showed that the employee (the Plaintiff’s husband) made pipes and pipe fittings for a living, and regularly handled asbestos products at work. His wife was responsible for washing all of his work clothes, and this exposed her to asbestos.
Before her death, the victim sued two industrial product manufacturers, claiming that their negligence caused her disease. The Court originally dismissed the case, citing a Supreme Court precedent that maintained an employer was responsible to its employees only, not to their spouses.
On appeal, lawyers for the estate argued that worker should have been warned about the hazards of laundering contaminated clothing off-site. The defendants argued that the employer managed the workplace, and any changes to tort and liability standards could open the doors to a bombardment of asbestos lawsuits.
The New Ruling
Chief Justice Leo E. Strine Jr. acknowledged that family members of workers exposed to asbestos on the job can suffer serious injury and even death as a result of take-home exposure. The ruling makes manufacturers responsible for providing employees with safe laundering directions, as well as downstream usage dangers. Chief Justice Strine added that it was “neither fair nor efficient” to protect employers that did not appropriately inform their workers about product hazards and their safe usage. Additionally, spouses who wash a worker’s clothing should be considered “foreseeable plaintiffs,” and as such, may sue for breach of care.
Delaware Asbestos Lawyers at Jacobs & Crumplar, P.A. Fight for Victims of Asbestos Exposure
Asbestos exposure can lead to mesothelioma, lung cancer, and other deadly asbestos-related diseases. If you or a loved one has become ill from asbestos exposure, we can help with your case. Call a Delaware asbestos lawyer at Jacobs & Crumplar, P.A. at 302-656-5445 for a free case evaluation or contact us online. From our offices in Wilmington and Georgetown, we represent clients in Delaware, Pennsylvania, and nationwide.