If you ask me what I think about the state of the world, I’d say we’re living in pretty dangerous times. Not to sound bleak and negative, but there’s no hiding from the impact ultra-hazardous activities: explosives & chemicals have had on our existence. So one should understand why the use of explosives and hazardous chemicals must be regulated by law. The seriousness of the potential harm posed by exposure to ultra-hazardous activities makes it possible for you to sue for personal injury successfully. Anyone who uses or possesses hazardous materials is, by default, liable for any ensuing harm suffered due to exposure.
Strict Liability: The Law Is On Your Side
It would seem a little unfair at first that -despite having precautionary measures in place- you are still found to be at ‘fault’. Much like vicarious liability -where an employer is liable for certain harm you cause while in the course of employment- it matters not whether there wasn’t an intention to cause harm on the part of the employer. As a matter of fact, he wasn’t even there!
Of course, a court will look at a number of factors in determining liability, after all, justice must prevail. Apart from considering the effort required to reduce the degree of harm, a Los Angeles Trial Attorneys also looks at the location where the dangerous activity was being carried out. The sense being that if the site is unsuitable, some sort of fault must be imputed. Moreover, it will also strengthen your case to prove that harm was reasonably foreseeable in the circumstances.
Evasion Of Liability: The So-called “Eggskull” Cases
In a vane attempt to evade liability, most defendants in civil lawsuits may claim relative innocence by reason of the plaintiff having suffered from psychological or physical impairment at the time of the injury. The so-called egg-skull cases have resulted in the rule that ‘you must take your victim where you find him’. That so, the defendant remains liable to the plaintiff for damages.
Personal injury resulting from exposure to ultra-hazardous materials is more common than not. Something else that’s common, the tendency of handlers to evade liability. Knowing a thing or two about strict liability is helpful. So don’t be scared, sue immediately. It is well within your rights.