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Environmental Hazards and Birth Injuries
Colburn Law
Posted in Birth Injury on August 3, 2021
Many expectant parents are aware of the risks of birth injuries and take important steps to protect their children during pregnancy. For example, abstaining from alcohol and tobacco use can help prevent complications while a fetus is developing. However, certain environmental hazards may also lead to birth injuries. If you believe that your child developed a birth injury due to a toxic substance, you may have grounds for legal action. Contact our Seattle personal injury lawyers today for a free case evaluation.
Toxic Substances and Birth Injuries
Exposure to certain types of dangerous substances may lead to birth injuries in pregnant women, impacting fetal growth and triggering severe, sometimes life-threatening complications. Research suggests that exposure to pesticides, plastics, metals, air pollutants, solvents, and other toxic materials may contribute to a large number of birth defects around the world.
Household materials such as paint, spray cleaners, and dry cleaning fluids may also lead to birth injuries. In some cases, overexposure to radiation through x-rays and other medical procedures could also cause damage to a fetus. Certain gases with anesthetic properties may also be harmful.
Liability for Environmental Birth Injuries
If your child sustains a birth injury due to an environmental hazard, you may have grounds for legal action. You could file a lawsuit against the person or entity responsible for his or her exposure, or against the manufacturer of a dangerous and defective product. However, you will need to prove a few important facts in order to secure compensation for your child’s injuries.
When filing a lawsuit against a person or entity, you will need to prove that the at-fault party’s negligence caused the exposure and your child’s subsequent injuries.
- The at-fault party owed you a duty of care.
The at-fault party breached that duty of care.
The breach of duty caused your child’s birth injuries.
Your child sustained damages that your family can collect in the lawsuit.
If you plan on filing a product liability claim, you will need to show that the following facts are true.
- Your child sustained a birth injury.
The product is defective.
The product’s defect caused your child’s birth injury.
You were using the product as the manufacturer intended.
While these elements may seem straightforward, birth injury cases require a great deal of specialized knowledge and scientific evidence. Hiring an attorney to represent your case can provide you with the resources, experience, and skills necessary to develop a compelling case.
What to Do If Your Child Sustains a Birth Injury
If your child sustains a birth injury and you believe that an environmental hazard is responsible, it is important to remain calm and seek help as soon as possible. First, bring your child to the doctor to receive treatment for his or her condition. Continue the care plan established by the doctor, and save all records related to your child’s medical care.
If possible, gather any evidence related to the environmental hazard. For example, if you believe a specific product is responsible for the birth injury, do not throw it away. Store it in a safe location and bring it to your attorney for examination. If your landlord was dumping toxic materials on your property, save any correspondence, photographs, videos, and other evidence related to this activity.
Once you have gathered this information, contact a birth injury lawyer to assist with your case. An attorney can help you identify the environmental hazard, prove the at-fault party’s negligence, and hold him or her accountable for your child’s losses. Contact a birth injury lawyer as soon as possible to discuss your child’s case and strategize your next steps.