Hazardous substances are all around us. State and federal agencies play a significant roll in protecting us from such products. For example, The Federal Hazardous Substances Act prohibits the shipment of hazardous substances in reused food containers and requires that hazardous substances contain proper warning labels containing safety information, and The Poison Prevention Packaging Act requires that certain chemicals be marketed in child-resistant packaging. Also, the Federal Insecticide, Fungicide, and Rodenticide Act, the Federal Food, Drug, and Cosmetic Act, and other state and federal laws may apply to hazardous products. In addition, individual citizens injured by a hazardous product may have important civil rights and claims against those who recklessly injure them. On many occasions, consumers initially make reports to governing agencies that results in sanctions against the offending business or person.

A tragic example of government action involved a business and owner who illegally shipped a hazardous substance. In U.S. District Court in Denver a businessman, plead guilty to 15 counts of illegally shipping hazardous substances, in violation of the Federal Hazardous Substance Act and the Poison Prevention Packaging Act. The shipped substances included potassium hydroxide and lithium hydroxide, chemicals used to maintain batteries in solar powered homes. The potassium hydroxide solution was shipped in re-used plastic milk containers and distilled water containers that lacked child-resistant closures and proper cautionary labeling. In December 1993, a 15-year-old boy mistook the clear, odorless liquid in a milk jug for water, drank from the milk jug, and died two weeks later from severe internal injuries. After the child's death, the man continued to ship potassium hydroxide solid, a product resembling soap flakes, in plastic bags with twist-tie closures. "This case shows that violating the Federal Hazardous Substances Act is a serious offense that can result in severe injury," said an Assistant Attorney General for the Civil Division. This case is an excellent example of how state and federal law enforcement officials can work together to protect the public," said the, U.S. Attorney in Denver. The case also exemplifies the need for civil options to those suffering serious injuries as the result of irresponsible conduct in matters involving hazardous substances.

Anyone injured by a hazardous substance or product should try to determine the reasons for the accident. If you believe you, a love one, or friends have suffered injury due to a hazardous substance or product, you may have a valid injury claim and entitled to compensation The following are a few important legal, factual and evidentiary matters to consider when evaluating a claim.

• What was the circumstances of the accident and injury?

• Is the product or container still available?  

• Were there witnesses to the accident or injury?

• Did the accident occur on the job?

• What was the specific hazardous substance involved?

• What is the chemistry of the substance?

• How is it harmful to humans?

• What quantity of the substance is harmful?

• Were there proper warnings?

• What is the mechanism of harm?

• Is the substance toxic?

• Is the substance  corrosive?

• Is the product caustic?

• Is the substance flammable or combustible?

• Did the product generate pressure through decomposition, heat, or other means?

• Did the product cause substantial personal injury or illness during it's customary use?

• Did the product cause injury to reasonably foreseeable ingestion by children?

• Was the substance misbranded?

• Was the substance subject to a recall?

• Was the substance banned as hazardous?

• Was the substance's label altered, mutilated, destroyed, obliterated, or removed?

• Was the hazardous substance in a reused food, drug, or cosmetic container?

• Was the container properly labeled?

• Was the substance misused contrary to warnings and product information?

• Was the substance used without proper ventilation?

• Was the product misused without proper safety equipment?

• Did safety equipment fail to perform properly?

• Should the product have been reported to the Consumer Product Safety Commission?

• Did the product contain excessive lead solder ?

• Did the product display a warning label stating the lead content of the solder?

• Did the product contain a warning that the use of lead solder in the making of joints or fittings in any private or public potable water supply system is prohibited?  

• What is the full nature and extent of the injuries?

• Are there long term disabilities or other harmful consequences?

It is important that an experienced legal team evaluate a hazardous substance claim. Complex legal, factual, and evidentiary issues may be involved. If you, a friend, or loved have sustained an injury form a hazardous substance or product, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to your claim. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.