Radon is a colorless and odorless radioactive gas that comes from the natural decay of uranium in water, soils, sand, and rock, which produces radon gas that gets into the air you breathe. Radon is an especially dangerous toxic gas, as it cannot be seen or smelled.
Radon can enter into any type of dwelling through cracks and openings and result in a high indoor radon level that poses significant health risks. Since people spend much of their lives at home, that is the source of the greatest exposure to radon toxicity.
Long-term exposure to dangerous levels of radon can lead to an increased risk of lung cancer. As such, residents and landlords must take proactive measures to ensure that they are not being exposed to radon or prevent the presence of radon.
Is Radon Toxic to Humans?
Once again, the most serious side effect of radon exposure is an increased risk of respiratory problems and lung cancer. In fact, radon is the second leading cause of lung cancer in the United States after smoking, and it results in thousands of deaths each year.
As the radon gas decays, the radon particles can get trapped in your lung tissue when you breathe. Then, the decay of the radon gas molecules releases small packets of energy that damage your lung tissue, which increases the risk of developing lung cancer over a prolonged period of time.
It is important to note that the risk of developing significant health problems as a result of radon exposure will depend on various factors, such as the concentration of exposure of radon gas in the air, the duration of the exposure to radon, and each individual’s personal health risk to radon gas. For instance, individuals who are smokers and have already been exposed to cancerous cells are at an increased risk of being harmed by radon gas in the air.
What Are the Symptoms of Radon Poisoning?
Once again, there are many different adverse effects of radon poisoning. In general, the effects of radon will differ depending on the amount of exposure, length of exposure, and each individual’s personal tolerances.
For instance, pregnant women, infants, and smokers all have less tolerance to being exposed to radon. The Centers for Disease Control and Prevention (“CDC”) states that there are no known symptoms specific to radon poisoning. However, the Environmental Protection Agency (“EPA”) has conducted studies that concluded that any exposure to radon gas could carry a risk of contracting lung cancer.
Because of the possibility of increasing risk of lung cancer, it is possible for individuals exposed to radon poisoning to experience symptoms such as:
- A persistent or heavy cough;
- Wheezing;
- Difficulty breathing, such as periods of heavy breathing;
- Other symptoms related to lung infections
It is important to note that it is entirely possible to test one’s home for the presence of radon gas. This is important in order to determine if your home has dangerous levels of radon gas. In fact, the EPA recommends that every home in the United States be tested for the presence of radon gas. If elevated levels of radon are found, the gas should be removed for the health and safety of the individuals present in the home.
Who Can Be Held Liable for Radon Exposure Injuries?
As far as who may be held liable for radon exposure, owners of residential or commercial buildings that contain dangerous levels of radon may all be liable for injuries to their employees or their tenants that result from toxic exposure.
You might have been exposed to dangerous levels of radon gas by a business or third party that should have been or were made aware of the risk of toxic exposure. If that is the case, you may seek to initiate a negligence claim against the responsible party. However, 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 radon gas, 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 radon gas;
- 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.
If you were exposed to radon gas at your workplace, then you may be able to file a workers’ compensation claim. Once again, If a radon gas 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.
In general, most radon exposure lawsuits involve a landlord who breached the duty of care that they owed their tenants. In these toxic tort lawsuits, a tenant may seek to recover their medical expenses related to their injury.
However, proving that the landlord is responsible for their injuries resulting from radon gas often requires the testimony of an expert medical witness. An expert medical witness is often paramount in providing testimony that shows that the levels of radon gas were the direct result of a plaintiff’s injuries.
This is especially true in cases in which the plaintiff was exposed to other cancer risks, such as smoking. Further, a personal injury lawyer who handles toxic tort cases is also needed. Personal injury lawyers knowledgeable in toxic tort matters will understand the laws concerning toxic torts and be aware of any class action lawsuits that a plaintiff may be eligible to join.
What Are the Legal Consequences Associated with Radon Injuries?
Lawsuits that are associated with radon injuries will often result in a monetary damages award being awarded to the plaintiff. However, in some cases, there are other measures that may be required of the party responsible for the plaintiff’s injuries, such as requiring the landlord or property owner to clear the toxic conditions present in the property.
How Would I Know That My Lung Cancer Due Is to Radon Exposure?
Once again, the testimony of an expert witness, such as a physician who specializes in toxic exposure, is often necessary to both prove the plaintiff’s personal injury claims as well as to assign a monetary value to the plaintiff’s damage claim. This is because radon exposure often does not manifest instantly. Instead, the injury develops over time after being exposed to radon.
Frequently, a plaintiff may not wish to wait for their condition to worsen, as they will want to seek immediate medical attention to address their medical condition before it has the chance to worsen and result in a more significant injury. As such, an expert medical witness is necessary to prove that the levels of exposure will result in a certain injury occurring at a later point in time if not addressed.
Do I Need a Lawyer for Help with a Radon Lawsuit?
As can be seen, exposure to high levels of radon 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 radon or if you have found that you have been exposed to dangerous levels of radon, 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.
