Toledo Poisoning Injury Lawyer

Any type of poisoning injury can have devastating effects on the body and these cases are complex because they involve hidden pathways and delayed symptoms, and that is not all. Tracing a chronic illness back to a specific chemical makes these situations extremely hard to untangle, but not for Charles E. Boyk Law Offices.

Our Toledo poisoning injury lawyer handles poisoning cases involving lead poisoning, carbon monoxide poisoning, and food poisoning. We are ready to investigate your poisoning injury claim and help you understand your rights. So, stick with us to learn more about the different types of Ohio poisoning injury cases and premises liability cases our office handles, and keep reading.

Lead Poisoning Claims

The hazards of lead paint poisoning have been known throughout the world since the early 1900’s. However, it was not until 1978 that the use of lead paint became illegal in the United States after the EPA banned it. Most cases of child lead poisoning result from the ingestion and inhalation of lead-based paint and particles. However, other sources of lead, such as vinyl mini-blinds and toys, may also be a source of lead hazards.

Take the first step toward protecting your future by contacting the lead poisoning lawyers at Charles E. Boyk Law Offices in Toledo today.

Consequences of Childhood Lead Poisoning

The Centers for Disease Control defines child lead poisoning as an elevated blood lead level greater than nine micrograms per deciliter. Lead poisoning in children is typically detected through routine blood tests at annual exams. Many children have no symptoms at the time that they are lead poisoned, other than common child complaints like stomach pain or loss of appetite. Problems with behavior, learning, and development typically surface as the child progresses through elementary school.

Children under the age of seven are at the greatest risk from lead poisoning. Children tend to absorb lead into their system at a much higher rate than adults. Lead poisoning injuries are serious and irreversible, including:

• Learning disabilities
•  Loss of IQ points 
• Speech problems
• Developmental delays
• Loss of earning capacity
• Hyperactivity and attention deficit disorder (ADHD)
• Delinquent and criminal behavior
• Brain damage
•  Wrongful death

Because of the injuries caused by lead poisoning, many children will be unable to achieve their full intellectual potential and earning potential. Such children may need special education services for many years. For these reasons, the damages sustained by a lead-poisoned child are significant. Many communities have excellent support groups for parents and family members of children diagnosed with the disease.

Landlords and Lead Poisoning

Some landlords may attempt to deny any knowledge of lead hazards in the home, despite local and federal regulations that require them to give notice of potential hazards to the tenant. Many landlords also refuse to abate or cover the hazards and demand that the tenants undertake these actions, which is clearly contrary to state law.

In Ohio, landlords must follow federal and state rules to manage lead-based paint hazards. For properties built before 1978, owners or property managers must:

• Disclose known lead hazards
• Provide the EPA lead pamphlet
• Use lead-safe repair practices
• Follow local “lead-safe” certification laws in cities like Cleveland and Toledo

After a child is diagnosed with an elevated blood lead level, the diagnosing doctor or clinic sends a notice to the health department to perform an inspection to determine the source of the child’s lead poisoning. Ohio Department of Health oversees county health departments to implement state procedures for inspections of properties. Many larger cities, like the City of Toledo, have their own lead poisoning prevention programs. It is often through these lead risk assessments that the paint hazards are identified in the landlord’s rental property.

Our skilled lead poisoning lawyers in Toledo will champion your family’s rights to compensation.

Carbon Monoxide Poisoning Lawyer

Our Toledo poisoning injury attorneys have handled serious injury cases involving carbon monoxide poisoning. Toxic exposure to carbon monoxide can result in physical problems, neurological problems, and even death.

The most common symptoms at the time of carbon monoxide exposure are nausea, dizziness, headaches, chest pain, and confusion.

Carbon monoxide is a colorless, odorless gas. It is a by-product of incomplete combustion that interferes with the delivery of oxygen in the blood to the rest of the body. As a result, it is often referred to as the “silent killer.”

Since carbon monoxide has so many “hidden” dangers, it is important that your attorney understand the necessary requirements to prove liability and damages in a carbon monoxide poisoning case.

Symptoms of Carbon Monoxide Poisoning

Carbon monoxide interferes with the distribution of oxygen in the blood to the rest of the body. Depending on the amount inhaled, this gas can cause:

• Poor coordination
• Cardiovascular conditions
• Fatigue · Headaches
• Weakness
• Confusion
• Disorientation
• Nausea
• Dizziness
  Very high levels can cause wrongful death. The symptoms are sometimes confused with the flu or food poisoning.

Carbon Monoxide Exposure

Carbon monoxide is produced as a result of incomplete burning of carbon-containing fuels including coal, wood, charcoal, natural gas, and fuel oil. It can be emitted by combustion sources such as:

• Unvented kerosene and gas space heaters
• Furnaces
• Wood stoves
• Gas stoves
• Fireplaces
• Water heaters
• Automobile exhaust from attached garages
• Tobacco smoke
  Problems can arise as a result of improper installation, maintenance, or inadequate ventilation.

Carbon Monoxide Poisoning Case Strategy

To win a carbon monoxide poisoning case, the injured party must establish that they were exposed to carbon monoxide, that they had levels of carbon monoxide that were high enough to cause physical injuries, and that they did, in fact, suffer physical injuries from the poisoning. The injured party must also prove that the poisoning was due to the negligence of another person or business, such as an apartment complex failing to maintain the furnace, or due to a defective product, like a faulty portable heater or furnace. It is important to contact an attorney immediately after the exposure before defective products are lost or destroyed and faulty furnaces are repaired.

You deserve answers and accountability after harmful carbon monoxide exposure. Contact Charles E. Boyk Law Offices for a free consultation.

Food Poisoning Lawyers

Our Ohio-based personal injury law firm also handles severe food poisoning and foodborne illness lawsuits. If you or a loved one suffered severe complications from contaminated food, our skilled team evaluates claims against restaurants, food manufacturers, and grocery store chains to pursue compensation for medical bills and lost wages.

If you suspect unsafe conditions caused your food poisoning exposure, contact our Toledo food poisoning injury attorneys today to discuss your options.

Common Causes of Food Poisoning

Defendants can be held liable for food poisoning whenever severe illness results due to negligence, such as unhygienic practices, undercooked foods, or bad storage. Signs of exposure vary depending on the toxin and may result in severe cramps, fever, diarrhea, and even life-threatening complications. Food poisoning frequently leads to extensive medical bills, lost wages, or hospitalization. Common foodborne pathogens include:

• Salmonella: Found in raw poultry, unpasteurized milk, and eggs.
• E. coli: Linked to undercooked ground beef and tainted produce.
• Listeria: Thrives in deli meats and soft cheeses.
• Campylobacter: Spreads via raw chicken or unpasteurized dairy.
• Norovirus: Transmits by infected food handlers or raw shellfish.

Who Can Be Held Liable for Food Poisoning?

Multiple parties along the supply chain can be held liable for food poisoning. However, legal responsibility depends on where and how the contamination occurred. The usual targets for fault include:

• Restaurants
• Grocery stores
• Food service providers and caterers
• Food manufacturers and processors
• Crop growers or farms
• Third-party distributors or delivery services

When Victims Have a Legal Claim

Food poisoning victims like you or your loved one have a legal claim when they can prove they ate contaminated food that directly caused a medically diagnosed illness. But we have more work to do than merely presenting the court with a copy of your medical bills. You must also suffer actual financial or physical damages, such as hospital bills, lost work wages, or long-term harm to your health. The legal grounds for a successful claim include being able to show:

• Strict Liability: The food was unsafe or defective when sold and made you sick
• Negligence: The restaurant, maker, or seller failed to use reasonable safety or cleanliness care
• Breach of Warranty: The seller broke the legal promise that the food was safe to eat

Filing a Premises Liability Claim After a Poisoning Injury

Premises liability is an area of negligence law that holds owners and occupiers legally responsible for injuries that happen on their property. In Toledo, OH, it relates to poisoning or toxic exposure injuries when the individual fails to safely manage, store, or warn about dangerous chemicals, gases, or toxins on-site. For example, a tenant may get lead paint sickness, or a hotel guest may be exposed to carbon monoxide leaks.

Commercial chemical fumes and uncontained toxic hazards are also frequent causes of premises liability. In fact, a 31-year-old farm worker died from toxic chemicals from manure. His employer was cited with three OSHA safety violations following the investigation and may be ordered to pay a large fine.

Ohio’s Poisoning Injury Regulations

Under Ohio Revised Code § 2305.10, the statute of limitations for a poisoning injury claim is generally two years from the date of exposure. Depending on the type of poisoning and when symptoms appear, specific rules or exceptions may apply.

For slow-developing illnesses, such as heavy metal or chemical toxicity, the clock may not start ticking until a competent medical provider determines that your condition is linked definitively to the toxic exposure. As well, if the poisoned victim is a minor, the two-year clock does not start ticking until the day they turn 18.

Comparative Negligence

Ohio uses a modified comparative negligence rule also called “the 51 percent bar rule.” If a court says you share blame, like ignoring a clear warning label, but the other party is also at-fault, you may still get paid. For a poisoning injury claim, you can recover a direct portion of your damages if you are 50 percent or less at fault.

Let us look at a fictitious example: Pretend you were exposed to lead paint at your apartment. Your Toledo lead poisoning lawsuit attorney was able to secure you a $10,000 settlement. But unfortunately, you were found to be 20 percent at fault because you failed to report peeling paint to the landlord. In this case, you will only recover 80 percent or $8,000.

Contact a Toledo Poisoning Lawyer

If your child is showing lead poisoning symptoms, contact a physician right away. Parents and relatives of lead-poisoned children are encouraged to contact Charles E. Boyk Law Offices, LLC immediately to learn about the legal rights of their children. Our team is committed to helping you navigate the challenges ahead while holding responsible parties accountable.

With our No Fee Promise, you do not pay us unless we successfully recover compensation for you. Connect with our Toledo poisoning injury lawyer today to set up your free consultation to discuss your case. Learn how we can help protect your rights and pursue the justice your family deserves.