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The Steinberg Law Firm Offshore Injury Litigation |
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The Steinberg Law Firm, P.C. 3200 Travis, Suite 300 713-529-0025 |
Free Case Evaluation: E-Mail Mr. Steinberg Product Liability A seaman injured as a result of using a toxic substance aboard a vessel or as a result of being exposed to a toxic cargo may pursue a Jones Act case, an unseaworthiness case and/or a case for failure to provide maintenance and cure against his employer. However, unless the chemical company that produced the substance can be identified as a "carrier" or "operator" of the vessel involved, no Jones Act, unseaworthiness claim nor maintenance and cure claim can be maintained against the chemical company. Schrurrer v. Conrail, 792 F.Supp. 170 (DC Conn. 1992). The General Maritime law incorporates theories of product liability and strict liability. East River Steamship Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 106 F.Ct. 2295, 90 L.Ed.2d 265 (1986). The seaman may bring a third party case against the manufacturer under a general tort theory such as negligence and/or strict liability in tort. In toxic exposure and environmental tort litigation, the plaintiff primarily relies on market defect theories of failure to warn. The plaintiff, however, can also rely on numerous federal and state environmental statutes to establish the appropriate standard of care and prove the defendant manufacturer negligent as a matter of law. See Restatement (Second) of Torts §§ 286 and 288 (1965). A plaintiff may be able to use the following federal environmental statutes in his case either to prove negligence per se or at the very least, evidence of the appropriate standard of care: 1. The Federal Insecticide Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. §§ 136-136(y), regulating the registration, use, and labeling of pesticides, etc.; 2. The Toxic Substances Control Act, 15 U.S.C. §§ 2601-2671, regulating chemicals which present an unreasonable risk of harm to human health or the environment; 3. The Clean Water Act, 33 U.S.C. §§ 251-1387, regulating chemical discharges of pollutants into navigatable waters; 4. The Clean Air Act, 42 U.S.C. §§ 7401-7671, regulating the release of emissions into the air; 5. The Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. §§ 9601-9675, regulating the response to hazardous waste spills. Contact us to discuss your case The Steinberg Law Firm investigates offshore injury claims. Please contact us for a free legal consultation. Please E-Mail Andrew E. Steinberg* at: slawfirm@swbell.net or submit your case here. *Not Certified by the Texas Board of Legal Specialization. |