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Adriana P. Santiesteban, P.A.
Phone: (786) 360-2122
Cell: (305) 202-4171
Fax: (305) 735-7663
Email: Adriana@Attorneyaps.com
Adriana P. Santiesteban, Esq.
An Experienced & Top Rated Personal Injury Attorney in Miami
A True Local Miami Lawyer, Advocating for Your Rights with Over 15 Years of Dedication and Expertise
Board Member and Past President of COLBAR
Member of The Florida Bar since 2008
Adjunct Professor at St. Thomas University
Toxic Fumes or Chemical Exposure Accidents Personal Injury Lawyer
In Florida, toxic fumes or chemical exposure incidents affect countless individuals each year. Toxic exposure cases occur in various environments—from industrial settings and construction sites to residential complexes and retail stores. Chemicals such as benzene, asbestos, carbon monoxide, pesticides, mold spores, chlorine gas, and formaldehyde can cause severe health issues, including respiratory illnesses, neurological damage, and even life-threatening diseases like cancer. When property owners, businesses, or manufacturers fail to adequately control or warn about toxic substances, victims have the right to seek compensation through Florida’s premises liability laws. If you’ve suffered harm due to toxic chemical exposure, consulting our qualified Miami personal injury attorney is critical.
If you are injured in a toxic fume or chemical exposure accident, call our attorneys for personal injury in Miami or contact our legal team for a free case evaluation today.
Don’t let medical bills and lost wages pile up. Our experienced personal injury attorneys in Miami can provide you guidance and fight for your rights in court.
Toxic fumes or chemical exposure cases can be complex. Get the right representation to ensure your voice is heard, and get the maximum compensation you deserve.
Common Sources of Toxic Exposure in Florida
Florida’s diverse economy includes tourism, agriculture, shipping, manufacturing, and real estate development—each contributing unique chemical risks:
- Industrial Plants and Refineries: In Florida, chemical spills involving benzene, ammonia, or chlorine frequently occur. Exposure may lead to serious pulmonary or neurological injuries.
- Agricultural Operations: Pesticides and fertilizers can drift into residential communities, causing respiratory distress or chronic illnesses in affected residents.
- Residential Complexes and Hotels: Mold from humidity or improperly maintained ventilation systems, especially common in Miami and South Florida’s humid climate, can cause debilitating respiratory conditions.
- Construction Sites: Workers and bystanders can face exposure to asbestos, lead, silica, or chemical solvents without proper protective equipment or adequate warnings.
Florida Law on Toxic Exposure and Liability
Under Florida law, property owners, landlords, employers, and manufacturers have clear responsibilities regarding toxic chemicals. Florida’s Pollutant Discharge Prevention and Control Act, imposes liability on owners responsible for hazardous substance leaks or contamination. Additionally, negligence and premises liability doctrines apply when property owners fail to maintain safe conditions or provide adequate warnings.
To succeed in a toxic exposure claim, your personal injury lawyer must prove:
- Duty: The defendant had a responsibility to prevent or warn about chemical hazards.
- Breach: They failed to adequately manage the risks associated with these toxins.
- Causation: Clear evidence linking your medical condition directly to the chemical exposure.
- Damages: Demonstrable harm, such as medical bills, lost income, or diminished quality of life.
A well-known Florida case highlighting this is Foster v. General Motors LLC (2019), where Florida courts upheld significant liability for chemical contamination, reinforcing the precedent that corporations must warn and protect individuals from chemical hazards.
Key Evidence in Toxic Exposure Cases
Winning toxic exposure cases requires rigorous evidence, including:
- Medical Documentation: Records clearly showing the link between exposure and illness.
- Environmental Reports: Expert analysis documenting the presence of dangerous chemicals at hazardous levels.
- Eyewitness Testimony: Statements from workers or residents regarding chemical odors or immediate health reactions.
- Corporate Records: Internal documents proving that defendants knew of contamination risks but chose not to act.
- Expert Witnesses: Toxicologists or medical specialists who can convincingly explain causation to a jury.
Common Defenses and How to Overcome Them
Defendants often use predictable defenses like disputing the causation or suggesting contributory negligence. For instance, they might argue exposure levels were safe, symptoms were caused by unrelated factors, or plaintiffs did not take precautions. However, our experienced Miami personal injury attorneys effectively counter these claims by providing robust expert testimony, thorough environmental reports, and compelling medical evidence demonstrating clear links between exposure and injury.
Finding Out Who's Responsible
Figuring out who is to blame in a toxic exposure case needs a careful look at what happened and knowing the rules about safety and the environment in Florida. The people or companies that could be responsible might include:
- Your Boss: If they didn’t give you a safe place to work, didn’t train you properly on handling hazardous materials, or weren’t careful with chemicals at your job.
- Property Owners: If they knew about chemical dangers on their property and didn’t warn people or fix the problem.
- Companies That Make Products: If they made something with toxic chemicals that wasn’t safe and didn’t give proper warnings.
- Trucking Companies on Florida Roads: If they were careless while moving dangerous substances and caused a spill or leak.
- Government Groups: Sometimes, if they didn’t enforce the rules or didn’t handle a chemical emergency correctly, they could be partly to blame.
Proving who was at fault in these cases often means looking at complicated science and industrial information. You need to show that the chemical exposure directly caused your health problems and that the other party was careless or negligent. That’s where our dedicated personal injury lawyers in Miami who knows about toxic exposure cases in the state can really help.
Frequently Asked Questions
How soon must I file a toxic exposure claim in Florida?
Generally, two years from the discovery of injury under the 2023 amended statute of limitations for personal injury in Florida. However, specific circumstances can affect this window, making early consultation with our Miami personal injury attorney essential.
Can I sue my employer for chemical exposure at work?
Typically, workplace injuries fall under workers’ compensation. However, if a third-party manufacturer or contractor was involved, you might pursue a separate personal injury claim against that party.
What if exposure occurred years ago but symptoms just appeared?
Florida law recognizes the “discovery rule,” meaning your statute of limitations typically begins when you first discovered or reasonably should have discovered your injury was connected to chemical exposure.
How can our Personal Injury Attorneys in Miami can help?
Dealing with toxic fumes or chemical injury claim can feel overwhelming. Insurance companies might try to pay you as little as possible or even say it’s not their fault. Our dedicated personal injury lawyers in Miami can:
- Investigate Everything Carefully: We’ll gather all the facts, like accident reports, safety records, test results of the environment, and your medical history, to build a strong case.
- Figure Out Everyone Who’s Responsible: Our team will work to find everyone who might have been careless and caused your injuries.
- Talk to the Right Experts: We work with doctors, scientists who know about toxins, and safety experts to show how the chemicals made you sick.
- Handle the Insurance Companies: We can deal with the big insurance companies so you don’t have to; making sure they don’t take advantage of you.
- Fight for a Fair Settlement: We want to get you the most money possible for your medical bills, lost income, pain, and future care.
- Go to Court if Needed: If we can’t get a fair settlement, we’re ready to take your case to court here in Miami and fight for your rights in front of a judge and the jury.
Dealing with the aftermath of toxic fumes or chemical exposure can be scary and confusing. You shouldn’t have to face this legal battle by yourself. Our experienced personal injury attorneys in Miami are ready to help you understand your rights, investigate what happened, and pursue the compensation you deserve right here in South Florida.
If you or someone you know has been affected by toxic fumes, chemical spills, or hazardous substance exposure, please reach out to us today for a free and confidential case evaluation. We’ll listen to your story, take a look at your case, and explain your options.
Call us at (786) 360-2122 or fill out the contact form to set up your free consultation.
Your health and well-being are what matter most. Let us be your voice and fight for your rights after a toxic chemical accident in Miami. We’re here to help you feel more secure knowing you have experienced legal help on your side.
If you or a loved one is injured in a toxic fume or chemical exposure accident, call our attorneys for personal injury in Miami or fill out the form below for a free case evaluation.
DISCLAIMER: The information on this website is intended for informational purposes only, and it is not and should not be used as legal advice. You should consult our personal injury attorneys for advice regarding your individual situation. The hiring of a personal injury lawyer is an important decision that should not be based solely upon promotions or advertisements. Contact our office for additional information on attorney Adriana P. Santiesteban, Esq.’s, qualifications and experience.
