In a recent case in the Bronx, a daycare center was cited when employees improperly applied a chemical substance to a bathroom toilet seat, failing to take proper application methods, which later caused a young boy to become sick, disabled and requiring medical attention. The boy, it was found, had serious burn injuries on his body. The case is still pending as the parents are seeking damages for this injury.
Chemicals that are hazardous, toxic, and cause severe burns from fumes, inhalation or application are useful despite their warnings. Particularly hazardous, however, are chemicals used to kills bugs and pests. Directions must be followed implicitly in order to avoid any injury among the user or those in the area. Pesticides should never be used around children. Although the intent for pesticides is to “kill pests” pesticides and other chemicals are often misused or overused.
In the case above, as in many cases, there are warnings and cautionary applications for the use of a certain chemical or pesticide. One of the advisements is that the treated area must be completely dried before it is touched. Any residual liquid could cause harm or damage. Many hospital-related visits come from pesticides that are used in homes, gardens, school playgrounds, and golf courses. Pesticide exposure is not limited only to agricultural areas where the concentration of chemicals could be much bigger.
Even when pesticides are applied correctly, there are still some risks that go unnoticed. Children and pets are very vulnerable to pesticide use because they are close to the ground and could come in contact with the pesticide based on its smell or color. Over the long term, there could be severe internal damage to children from misuse of pesticides. Chemicals that are applied to pets to rid of ticks and fleas should be used exactly as directed. Even something as simple as taking a bite of an apple can prove deadly if the person has a reaction to the chemical that was applied.
Other chemicals that we find daily in and around our homes include bleach, mosquito spray and protective coatings on our furniture and decking. What are some ways to prevent yourself from a pesticide related or chemical accident?
- Always use the chemical according to the instructions.
- Be sure the chemical dries completely before going near it, or near the area.
- Keep all pets and children away from chemicals and pesticides.
- Shop for organic foods when possible, which have the least amount of pesticide and are generally derived from other plant sources.
If you have visited a location where pesticides or chemicals were recently used, or your child has come into contact with an area that was treated with a pesticide or a harsh chemical, several factors will be analyzed to determine when there is a case of misuse or premises liability, depending on where, when and how the injury, accident or illness occurred. Trusting in a law firm who is renowned for handling accident and injury cases for children will help you find solutions quickly and confidentially.