Carbon Tetrachloride Injury Lawsuit

Carbon tetrachloride is a colorless liquid with a sweet, chloroform-like odor. Exposure to carbon tetrachloride may occur through breathing contaminated air near manufacturing plants or waste sites. Exposure may also occur by ingestion or skin contact with contaminated water.

It is used as a solvent in the rubber industry; as a cleansing agent in dry cleaning; as a solvent in the chemical and drug industries; and in the manufacture of aerosol, fire extinguishers and refrigeration fluid.

What Are the Health Effects of Exposure to Carbon Tetrachloride?

Short-term exposure to carbon tetrachloride can result in headache, dizziness, irregular heartbeats and lightheadedness. Physical contact may result in burning and irritation of the skin and eyes.

Long-term exposure can result in damage to the liver, kidneys and nervous system. Prolonged exposure can lead to coma and can be fatal.

Consumption of alcohol increases the toxic effects of carbon tetrachloride and may cause more severe organ damage, such as acute renal failure, in heavy drinkers. The doses that can cause mild toxicity to non-drinkers can be fatal to drinkers.

In addition, carbon tetrachloride is a suspected human carcinogen based on sufficient evidence of carcinogenicity from studies in experimental animals. The World Health Organization reports carbon tetrachloride can induce hepatocellular carcinomas (hepatomas) in mice and rats.

What Is Toxic Exposure? What Are Toxic Torts?

A toxic substance is something which is considered to be harmful to the human body, especially in specific quantities. As such, toxic exposure occurs when the human body comes into contact with a toxic substance. Toxic torts more specifically refer to personal injury cases in which the plaintiff alleges harm because of exposure to some type of toxin or chemical.

There are many different types of toxic exposure, and it can occur in many different environments. Some examples of toxic exposure include:

• Exposure to chemicals in the workplace
• Exposure to mold, especially dangerous types of black mold
• Exposure to asbestos
• Exposure to lead paint
• Exposure to toxic fumes from various activities such as welding
• Dangerous chemicals in defective medications or drugs
• Environmental contamination resulting from the release of certain gasses or toxins
• Soil or groundwater contamination resulting from the dumping of wastes and chemicals

Personal Injury Suits Based on Toxic Chemicals

Personal injury law addresses situations in which one party is harmed by another. The factors necessary to prove in a toxic tort case are similar to the factors necessary to prove in a typical negligence case. As such, you will need to prove:

• That the Defendant Owed You a Legal Duty: This is generally straightforward in toxic torts cases. In cases which involve toxic gasses being let forth in the workplace, it is fairly easy to prove that the company had a duty to its employees to protect them from such exposure.
  • In cases outside of the workplace, it is also fairly easy to establish that the defendant owed the public a duty to protect them from toxic exposure to carbon tetrachloride
• That the Legal Duty was Breached: Whether there was a breach of duty is determined based on the reasonable person standard, which considers how a reasonable party would act in the same situation.
  • To set forth your case against a company that exposed you to carbon tetrachloride, you could demonstrate that another company in a similar situation would have exercised more care to avoid propelling toxic chemicals into the air or liquids in the area. You could also establish that another company would have complied more strictly with relevant environmental regulations
• That the Breach of Duty Caused You Harm: The defendant’s breach of its legal duty must have been the direct or proximate cause of the harm. Proving this can be considerably complicated, especially if more than one defendant is potentially involved.
  • An example of this would be how the owner of a property with toxic chemicals could claim that the builder is responsible, while the builder can claim that the owner did not properly inspect or maintain the property
• That You Actually Suffered a Particular Harm: This involves proving that you suffered a particular harm because of the defendant’s actions. In order to prove this you will need to use evidence such as medical bills or evidence of missed work days

If you seek to bring a personal lawsuit for your exposure to carbon tetrachloride, you should seek out a personal injury attorney. Another effective method of suing the wrongdoer is a class action lawsuit, as discussed below. This is especially helpful if the cost of your injuries does not seem high enough to be worth it to pursue a lawsuit individually.

Who Can Be Held Liable for My Carbon Tetrachloride Injuries?

If you were injured at work, you may be able to hold your employer accountable.

In addition, if the carbon tetrachloride was manufactured by a third party, you may be able to bring a claim against the manufacturer of the substance. When a toxic substance affects a large number of individuals, a plaintiff may not choose to bring an individual claim, but rather a class action lawsuit, as is discussed further on.

Statutes of limitations set the time limit in which a particular claim can be brought against a defendant. It is imperative to keep these statutes in mind, especially because claims for damages must be brought within a set time period. For personal injury cases, this time frame is generally two or three years after the incident occurred. However, this can be longer or shorter in some states.

This can be especially complicated for toxic exposure cases such as damage caused by carbon tetrachloride, because an injury from toxic exposure may not show up right away. The injury may show up several years later as a serious medical condition.

In response, many states have enacted a “discovery rule” to address this issue. In states which have enacted a discovery rule, the statute of limitations does not begin until the injury is known, or reasonably should have been known.

What Is A Class Action Lawsuit?

A class action is a lawsuit that is generally brought by one or more people on behalf of a group of others who are in a similar situation. Examples could be a manufacturing plant or a neighborhood that was infected by a toxic substance. The persons who start the lawsuit are called the class representatives.

Everyone is required to share similar legal issues, and there must be enough individuals involved that it would not make sense to bring separate lawsuits.

First, the class must be certified by the court. The court will consider the following before certification:

• The class representatives must adequately represent the interests of the whole class
• There must be no conflicts of interest between the plaintiffs
• The plaintiffs must be competent
• The question of fact must come from one act, or a pattern of conduct by the defendant

The court will decide whether to certify the lawsuit as a class action; when certified, the original group will represent the entire class action group.

Any person who may be affected by the class action lawsuit is entitled to receive notice of it being initiated. Included in the notice must be a description of the claim, as well as information that they can opt out of the class action if they wish to do so. If they do opt out, they must be aware that they will not be able to bring forth their own claim in the future.

Because many class actions are considerably large, notices of class actions can be put in newspapers, TV commercials, and/or mailing lists. Depending on the circumstances, it is possible for a potential class member who did not join the class to bring forward their suit if they simply had no idea that there was a class action.

Do I Need a Lawyer for Help with Carbon Tetrachloride Injury Lawsuit?

To reiterate, toxic exposure to carbon tetrachloride is an especially serious hazard which can cause many different medical conditions. If you were injured because of exposure to a toxic substance, it is imperative that you consult with a local class action attorney.

An experienced attorney will be aware of your legal rights and options under your state’s specific class action and personal injury laws, and will also be aware of any existing class action lawsuits that you may be able to join.

Bringing your claim with the help of your attorney is the best way to receive maximum compensation for your injuries.