Landscapers face several potential risks that could lead to cancer. These risks vary depending on the specific activities involved in their work and the substances they come into contact with. When another party’s negligence is a factor, victims can recover damages through a toxic tort lawsuit. That’s where Wool Trial Law steps in.
Our firm has extensive experience litigating toxic tort claims in state and federal courts. If you are a landscaper diagnosed with cancer, you need the powerful representation and personalized attention we provide. When you consult with us, we will evaluate the merits of your claim and explore all your legal options. Contact our office today to speak with an experienced toxic tort lawyer.
Why Landscapers Are At Risk of Cancer
Factors associated with increased cancer risks for landscapers, groundskeepers, and agricultural workers include:
- Pesticides and herbicides – Landscapers and farm workers often use pesticides and herbicides (e.g. Bayer/Monsanto’s RoundUp) to control pests and weeds. Exposure to these chemicals is linked to certain types of cancer, including lymphoma, leukemia, prostate cancer, and lung cancer. Workers must follow safety guidelines, wear protective clothing, and use appropriate equipment when handling these chemicals.
- Diesel exhaust – Landscapers and groundskeepers operating equipment such as lawnmowers, chainsaws, and other machinery powered by diesel engines can be exposed to diesel exhaust fumes. Diesel exhaust contains harmful substances, including diesel particulate matter and various chemicals, classified as potential carcinogens. Adequate ventilation, using low-emission equipment, and minimizing exposure to exhaust fumes are essential preventive measures.
- Asbestos and other hazardous materials – Some older buildings or structures in landscapes may contain asbestos, which is a known carcinogen. During renovation or demolition work, landscapers may come into contact with asbestos fibers, increasing the risk of developing lung cancer or mesothelioma. Proper training, handling, and disposal of hazardous materials are important to minimize exposure.
- Sun exposure – Landscapers spend a significant amount of time outdoors, which exposes them to sunlight. Prolonged and unprotected exposure to the sun’s ultraviolet (UV) radiation can increase the risk of skin cancer, including melanoma and non-melanoma skin cancers. Using sunscreen, wearing protective clothing, and seeking shade can help reduce this risk.
Landscapers and their employers must prioritize safety and take preventive measures to reduce the risks of cancer and other health hazards. This can include using protective equipment, following safety guidelines, undergoing regular health check-ups, and receiving appropriate training on handling hazardous substances.
Determining Liability For Landscapers’ Cancer
In cases involving potential cancer risks for landscapers, several parties may be potentially liable depending on the specific circumstances of the exposure and the nature of the work environment.
Parties that may be considered liable include:
- Employers – Landscaping companies or employers have a responsibility to provide a safe working environment for their employees. Employers that fail to implement adequate safety measures, provide proper training, or comply with regulations related to hazardous substances may be held liable.
- Manufacturers and suppliers – If the cancer is linked to the use of specific products, such as pesticides, herbicides, or equipment, the manufacturers or suppliers of these products may be held liable. If a toxic tort lawyer can demonstrate that the products were defective or unreasonably dangerous and their use directly contributed to the landscapers’ cancer, the manufacturers or suppliers could be held responsible.
- Property owners – In some cases, landscapers may work on properties that contain hazardous materials or substances. A property owner who was aware of these substances and failed to provide adequate warning or take necessary precautions to protect the landscapers may be liable for the resulting harm.
- Contractors and subcontractors – Contractors or subcontractors may be liable for exposure to harmful substances, depending on their level of control and supervision over the landscapers’ activities and the duty to ensure a safe work environment.
- Government agencies – In certain situations, government agencies responsible for workplace safety regulations and enforcement may be held liable if they fail to properly inspect or enforce compliance with safety standards. This may be applicable if the cancer risk arose due to a failure in regulatory oversight or inadequate enforcement of safety regulations.
Ultimately, it takes a skilled toxic tort attorney to evaluate the circumstances of the exposure and determine which parties may be liable. They can assess the evidence, conduct a thorough investigation, and determine the best course of action for seeking compensation.
Available Damages
In cases where landscapers have been exposed to cancer risks and have suffered harm as a result, several potential legal remedies may be available:
- Compensation for medical expenses – Landscapers may be entitled to seek compensation for the cost of medical treatment related to their cancer diagnosis. This can include expenses such as hospital bills, doctor’s visits, medication, surgery, chemotherapy, radiation therapy, and other necessary treatments.
- Lost wages/loss of earning capacity – If the landscaper’s cancer diagnosis has resulted in time away from work, lost wages, or a diminished ability to earn income in the future, they may be able to claim compensation for these economic losses. This can include both past and future lost wages or a reduced earning capacity due to the illness.
- Pain and suffering – Landscapers who have experienced physical pain, emotional distress, and a diminished quality of life due to their cancer diagnosis may be eligible to seek compensation for pain and suffering. Such non-economic damages provide monetary compensation for the intangible harm caused by the illness.
- Punitive damages: In cases where the actions or omissions of the liable parties were particularly reckless or intentional, punitive damages may be awarded. Punitive damages are meant to punish the defendants and deter similar conduct in the future.
If a landscaper’s cancer resulted in their death, surviving family members may be able to file a wrongful death claim to seek compensation for the family’s loss of financial support, loss of companionship, funeral expenses, and other damages resulting from the death of their loved one.
Talk To An Experienced Toxic Lawyer Today
If you have developed cancer working as a landscaper, groundskeeper, or agricultural worker, turn to Wool Trial Law. We have an impressive track record of success in toxic tort cases and will fight for the compensation you need and deserve. Contact us today for a consultation.