Formaldehyde is a chemical utilized to manufacture resins and other chemicals that produce certain products, such as fiberglass, cleaners, foam insulation, and particleboard. Formaldehyde is a pungent and colorless chemical, making it sometimes difficult to observe.
Formaldehyde is a dangerous toxin that may be absorbed through inhalation or through skin contact. Two main types of formaldehyde have been identified as gas emitters that are capable of causing health problems:
- Urea-formaldehyde resin is a type of formaldehyde often found in particleboard in mobile homes and paneling used to bind wood and other particulates;
- Phenol formaldehyde emits lower levels of gas and is typically not the cause of most formaldehyde-related lawsuits and toxic tort cases.
Toxic tort litigation is a specific area of personal injury law that involves injuries caused by toxic substances, such as formaldehyde. In a toxic tort case, it is common that the injury results from the plaintiff being exposed to the substance without ever even being aware of it. Then, later, the injury manifests, and the plaintiff suffers from a serious medical condition as a result of their exposure.
After determining where the plaintiff’s injury and medical condition possibly originated, the plaintiff may seek to file a lawsuit in order to recover damages from the party that is responsible for their exposure, if any. As such, toxic tort claims are sometimes called toxic exposure lawsuits. Additionally, many toxic tort claims are filed as a class action lawsuit when the same source has injured many people. Class action toxic lawsuits are frequently associated with relatively high damages awards.
Toxic tort injuries are generally caused by exposure to some sort of dangerous chemical substance. Common examples of injuries associated with toxic torts include:
- Injuries associated with toxins in paints;
- Injuries associated with formaldehyde exposure;
- Injuries associated with toxins present in insulation; and
- Injuries associated with toxins and other sealants that are used in workplaces or residential areas, such as exposure to pesticides for agricultural workers.
Adverse Effects of Formaldehyde
Formaldehyde has many different adverse effects. In general, the effects of formaldehyde will differ depending on the amount of exposure and each individual’s personal tolerance. For instance, pregnant women and babies have less tolerance to being exposed to formaldehyde. This is why cases where formaldehyde was found to be present in infant bathing products and toys resulted in mass product liability litigation.
With low levels of exposure to formaldehyde, the adverse effects can include irritation of the eyes, nose, and throat, as well as asthma-like symptoms. With increased and more prolonged exposure to formaldehyde, the central nervous system may become damaged, and lung damage is also a common adverse effect. Additionally, formaldehyde is a known cancer-causing chemical that can cause fetal injuries to pregnant women.
Who Can Be Held Liable for Formaldehyde Exposure Injury?
As far as who may be held liable for formaldehyde exposure, manufacturers, distributors, sellers, and users of products that contain dangerous levels of formaldehyde may all be liable for injuries to their employees or other parties that result from toxic exposure.
You might have been exposed to formaldehyde by a product, such as infants being exposed to dangerous levels of formaldehyde in baby products. If so, you could initiate a product liability claim against the manufacturer, wholesaler, distributor, or seller of the product for creating or selling an unreasonably dangerous product.
Product liability is the set of written laws that hold a manufacturer or seller of a product accountable for placing a defective product into the stream of commerce. Under product liability laws, any party that is responsible for any part of the manufacture of a defective product can be held liable for any injuries resulting from that product’s use. This includes any seller of the defective product.
You may have been exposed to dangerous levels of formaldehyde by a business or third party that should have been or were made aware of the risk of toxic exposure. In that case, you may seek to initiate a negligence claim against the responsible party. In order for an injured party, known as a plaintiff, to be successful in recovering compensatory damages in their negligence claim, they must prove all of the necessary elements of negligence, including:
- The Defendant Owed a Legal Duty Of Care: In cases involving formaldehyde, a plaintiff may need to prove that the company had a duty not to expose clients to the dangerous chemical;
- The Legal Duty was Breached: Duty is generally determined based on the reasonable person standard, which considers how a reasonable party would have acted in the same circumstances.
- For instance, a plaintiff can prove that another company in a similar situation would have exercised more care in order to avoid exposing clients to formaldehyde;
- The Breach of Duty Caused Harm: A plaintiff will also need to prove that the breach of legal duty was the direct or proximate cause of their harm; and
- There Was an Actual Harm Suffered: This involves a plaintiff proving that they suffered a particular harm because of the defendant’s actions.
Finally, if you were exposed to formaldehyde at your workplace, then you may be able to file a workers’ compensation claim. Once again, If a formaldehyde that harmed you affected a large number of individuals, then you may be able to bring or join a collective personal injury claim, known as a class action lawsuit.
What to Do if You Have Been Exposed to Formaldehyde?
There are several steps that you should take if you believe you may have been exposed to formaldehyde. First, you should seek immediate medical attention for any injuries that you may have and get checked if other people around you are showing the same kinds of symptoms. Examples of symptoms of toxic exposure may include coughing, rashes, difficulty breathing, etc.
After you receive medical treatment and get a medical opinion as to your injuries, it is important to then take steps to begin documenting your personal injury claim. Documenting your personal injury claim may include:
- Creating a file containing all of your medical expenses, hospital bills, and pharmacy fees;
- Creating a written account of the events that led to your injury or injuries.
- For instance, if a chemical that contained formaldehyde was found to have been used at your work, or if you noticed different smells in the area, you should document those events;
- Obtain contact information from any witnesses and from other people who may have been injured from the same toxic source, such as coworkers injured by formaldehyde present in products at nail or hair salons;
- Maintain records of any work that you have missed due to the injuries associated with the formaldehyde poisoning, along with the corresponding lost wages.
All of the above items may then be used as evidence in court, depending on the nature of the personal injury claim. There are also many toxic tort defenses, which you should understand should a personal injury lawsuit be necessary.
What Are the Legal Consequences Associated with Formaldehyde Injuries?
Lawsuits associated with formaldehyde injuries often result in a monetary damages award being awarded to the plaintiff. However, in some cases, other measures may be required of the party responsible for the plaintiff’s injuries, such as clearing the toxic conditions or recalling and removing all toxic products from the stream of commerce.
Do I Need a Lawyer for Help with Formaldehyde Lawsuit?
To reiterate, exposure to high levels of formaldehyde is an especially serious hazard that can result in many different medical conditions and injuries. As such, if you were injured because of exposure to formaldehyde, it is imperative that you consult with an experienced class action lawyer.
An experienced class action attorney will be aware of your legal rights and options under your state’s specific personal injury laws. An attorney will also be aware of any existing class action lawsuits that you may be able to join. Finally, an attorney will be able to help you identify the party responsible for your injuries, as well as represent you in court, as needed.
