Difficulties In Pursuing A Product Liability Claim After Pesticide Injury

Law Blog

If you have fallen ill as a result of pesticide exposure, you may be eligible for compensation if you can prove that another party's (such as the pesticide's manufacturer or retailer) negligence caused your injury. However, winning a pesticide injury claim or lawsuit isn't easy; expect to face these three hurdles:

The Chemical That Hurt You May Not Be a Known Toxin

The number of toxic chemicals in a typical pesticide is staggering. Examples include arsenic, dioxins, and ethylene oxide, among others. However, these are just the known ones. New toxins are being discovered every day, and it's possible that you may be hurt by something that hasn't been identified as dangerous. Even for the chemicals that have been identified as toxins, it's possible that scientists haven't identified all the problems they cause.

Therefore, if your injury hasn't been documented as connected to the pesticide or chemical in question, you will be chartering new ground with your liability claim. It's possible to win such a claim, but it's neither cheap nor easy. You will need a team of scientists to act as your medical experts and help you prove the claim.

Identifying the Exact Chemical May Be Difficult

As previously mentioned, there are so many dangerous chemicals in a pesticide, which means it may be difficult to identify the exact one that caused your illness. Unfortunately, one of the first things you will be required to do while pursuing your claim is to identify the offending chemical. For example, if you are claiming that a termite pesticide has caused rashes on your skin, the defendant (for example the manufacturer of the product) may counter that your injuries were caused by other dangerous chemicals you may have used. They may claim, for example, that it was the fertilizer or the herbicide you used in the garden. To win such an argument, you have to identify the responsible chemical and prove that it is present in the pesticide involved in your lawsuit.

Linking the Chemical to the Injury May Be Difficult

Lastly, you may also hit a snag with your product liability claim when trying to link your illness to the pesticide or chemical that caused your injury. Even if the pesticide is dangerous, you don't expect to be compensated simply because you fell ill after using it; you have to prove that it was the cause of your illness. This may be difficult if, like a typical homeowner, you have handled many different chemicals in the recent past. Besides, it's not just chemicals that make people sick; some diseases have multiple causes, and some haven't even been connected to specific causes. Those kinds of arguments, which you should expect the defendant to raise, will complicate your case.

Therefore, this isn't a lawsuit you should face on your own. You need a personal injury attorney who can navigate the legal hurdles and coordinate the expert witnesses' testimonies to  give you a strong case. 


27 January 2017

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When it comes to your personal rights, how much do you really understand the law. About ten years ago, I realized that I didn't really understand my rights when I was accused of something that I knew I didn't do. I could tell that I needed to work with a lawyer who had a better understanding of what I was up against, so I contacted a local team that could help. They were really incredible to work with, and I was impressed with how well they were able to fight the charges. This blog is here for anyone struggling with legal drama.