Unsafe property conditions do not always involve a broken step, slippery floor, or dangerous walkway. In some cases, the danger is harder to see. Toxic exposure can occur when a person is exposed to hazardous substances on someone else’s property, including mold, lead paint, asbestos, carbon monoxide, chemical fumes, contaminated water, sewage, pesticides, or poor indoor air quality.
In New Jersey, property owners, landlords, businesses, contractors, maintenance companies, and public entities may have legal responsibility when unsafe conditions expose people to toxic substances and cause harm.
Common Types of Toxic Exposure
Toxic exposure cases can happen in apartments, rental homes, workplaces, stores, schools, hotels, construction sites, and public buildings. Common examples include:
- Mold caused by leaks, flooding, or poor ventilation
- Lead-based paint in older rental properties
- Carbon monoxide from defective heating systems
- Asbestos released during unsafe renovation or demolition
- Chemical spills or improper storage of hazardous materials
- Sewer backups or contaminated water
- Pesticide or cleaning chemical exposure
- Poor ventilation that traps harmful fumes indoors
Unlike a visible fall hazard, toxic exposure may not cause immediate symptoms. A person may develop headaches, dizziness, breathing problems, skin irritation, nausea, fatigue, allergic reactions, or more serious medical complications over time.
When Can a Property Owner Be Liable?
A property owner is not automatically responsible for every illness that occurs on the property. To bring a successful claim, the injured person generally must show that a dangerous condition existed, the responsible party knew or should have known about it, and the exposure caused actual harm.
For example, a landlord may be liable if tenants repeatedly complained about water leaks and mold, but the landlord failed to make proper repairs. A business may be responsible if customers or workers were exposed to chemical fumes because hazardous substances were stored or used improperly. A contractor may be liable if unsafe renovation work released asbestos, dust, or toxic materials into occupied areas.
Evidence Is Critical in Toxic Exposure Cases
Toxic exposure claims often require strong evidence because symptoms may have multiple possible causes. Important evidence may include photographs, inspection reports, maintenance records, complaints to the landlord or property owner, environmental testing, medical records, expert opinions, and witness statements.
If you believe you were exposed to a toxic substance, document the condition immediately. Save emails, text messages, repair requests, medical records, and any communication with the property owner. If possible, avoid disturbing the area before it can be inspected or tested.
Compensation for Toxic Exposure Injuries
Compensation may include medical expenses, future treatment, lost wages, reduced earning ability, pain and suffering, emotional distress, relocation costs, and other losses connected to the exposure. The value of the claim depends on the type of toxic substance, length of exposure, medical diagnosis, long-term effects, and available proof of negligence.
Special Rules for Public Property
If the exposure happened in a public school, government building, public housing, municipal facility, or another property controlled by a public entity, special notice rules may apply. These deadlines can be much shorter than the normal time limit for a personal injury lawsuit.
Speak With a New Jersey Premises Liability Attorney
Toxic exposure cases are complex because they often involve science, medical causation, property records, and expert testimony. If you believe unsafe property conditions caused illness or injury, speak with a New Jersey premises liability attorney as soon as possible.
A lawyer can investigate the source of exposure, identify responsible parties, preserve evidence, review insurance coverage, and pursue compensation for the harm caused by unsafe property conditions.