Exposure to Hazardous Materials and Premises Liability

Premise liability law holds a property owner responsible for any injury that may befall a visitor. The term “injury” includes any type of harm or damages a visitor experiences. Therefore, exposure to hazardous materials falls within the purview of premise liability law. This rule applies to private properties as well as property owned by the government or a private company.

The Types of Exposure to Hazardous Materials

Hazardous materials include any fluid, item, gas or solid solution that is harmful to human health. Radioactive particles and deadly chemicals are examples of hazardous materials. However, hazardous materials also include items such as poison for rodents or pests and other common household items such as chlorine use in a pool. Without proper precautionary measures, these items can harm an individual.

Hazardous Materials Safeguards

Most states have guidelines for the handling and safety procedures that an owner or tenant must put in place to minimize or eliminate an individual or an employee’s exposure to hazardous materials. For the less hazardous items, such as rat poison, most states require the owner or tenant to act as a reasonable person would do in the circumstances. As such, a court and insurance company will look to whether the owner or tenant acted reasonably and tried to protect harmful exposure from occurring.

Premise Liability Insurance Coverage

Hazardous materials commonly found within the home or businesses are usually covered by insurance policies. Extremely dangerous materials such as radioactive items are not regularly covered by an insurance policy. These items may require an owner or tenant to disclose their presence for an insurance company to create an addendum or clause that includes them in the policy’s coverage.

Getting Legal Help

If you have been exposed to and injured by hazardous materials, seek legal assistance with your claim. Most states find property owners and tenants responsible for damages and injury caused by potentially harmful chemicals or other materials.

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