Legal Question in Personal Injury in California

Failure to inform subcontractor of chemical danger.

Hello,

I am an environmental clean up contractor working as a subcontractor. I was recently injured on a jobsite (I assume permanantly), due to the general contractors failure to inform me of the danger associated with the material I was working with. The material is ozone, the ozone is produced by a generator in order to treat MTBE in the groundwater. I was exposed to the ozone to the point that my hair fell out and my fingernails rotted off. The general contractor insisted that the ozone was harmless, but during a recent inspection by another contracting company, an ozone meter was used and the inspection report that I have in my possesion states that the concentration of ozone that I was breathing was (IDLH) immediately dangerous to life and health. I found an MSDS that states I could have suffered permanant respiratory damage or death. Do I have any recourse against all the parties involved? or is it just too bad as usual.


Asked on 3/19/04, 2:00 pm

8 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Failure to inform subcontractor of chemical danger.

You do have recourse, and it may not be limited to the general contractor. You might also have recourse against the property owner and, conceivably, against the manufacturer of the generator. There may be other potential defendants as well.

Depending upon the circumstances, your recourse may be limited to worker's compensation. That is not my area of expertise, so offhand I don't know how it applies to subcontractors (if it applies at all).

Your question does not provide much in the way of detail, so this is the best answer I can give you. Feel free to contact me directly if you want to discuss the matter further.

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Answered on 3/22/04, 7:45 pm
Terry A. Nelson Nelson & Lawless

Re: Failure to inform subcontractor of chemical danger.

This is a WCAB comp case, with potential 3rd party negligence issues; see a local comp attorney to discuss.

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Answered on 3/22/04, 7:51 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Failure to inform subcontractor of chemical danger.

There was a duty to warn you and prevent your injuries. Contact me for a fee consultation. 310-266-4115

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Answered on 3/22/04, 8:25 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Failure to inform subcontractor of chemical danger.

Sure you have recourse. If you have a viable case a qualified attorney will represent you on contingency and will earn no fee except as a percentage of your recovery.

I had a case not long ago in which my client was exposed to serious levels of carbon dioxide. We settled that case for 1.2 million. I hope your injuries are not as serious, but you should have it checked out.

From your posting it appears that you were a subcontractor and not an employee of the contractor. If you were an employee, workers compensation would be your sole remedy against him.

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Answered on 3/22/04, 8:31 pm
A. Russell Martin Law Office of A. Russell Martin

Re: Failure to inform subcontractor of chemical danger.

Hi,

I'm very sorry to hear of your injuries and I hope that I can help you!!! I am committed to getting justice for my clients and will make sure you get the money you deserve for your injuries.

Based on your posting, it appears that you have a very strong case. We just need to decide which parties to sue. I need more information to determine whether your recovery against the general contractor is limited to Workers' Compensation under the �exclusive remedy rule.� Many factors have to be analyzed to make that determination so we should talk directly. Moreover, we should also discuss other potential defendants that might be liable for your injuries under premises and product liability theories, etc.

I am glad to hear that you had the foresight to get a copy of the report showing dangerous levels of ozone in the area. That evidence will be very helpful. You should also take pictures of any visible injuries you've suffered (e.g. hair loss, rotting fingernails and anything else you can document)and make sure you keep all medical reports, incident reports, etc.

I represent accident victims throughout the Bay Area so give me a call if you are within a 200-mile radius of San Francisco. Here's the address of my web page if you want more information about my practice [http://www.lawguru.com/users/law/litigator/index.html].

I hope this helps and I look forward to hearing from you soon.

Russ Martin

415/364-1604

[email protected]

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Answered on 3/22/04, 10:42 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Failure to inform subcontractor of chemical danger.

The others gave the best advice.

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Answered on 3/23/04, 1:16 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Failure to inform subcontractor of chemical danger.

Alredy answered.

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Answered on 3/23/04, 1:29 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Failure to inform subcontractor of chemical danger.

Already answered.

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Answered on 3/23/04, 1:29 pm


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