After a Toxic Exposure in the Columbia Area
Medical care comes first, and a relative can keep the paperwork.
- Leave the source. Get out of a house where the CO alarm is going off. Switch to bottled water or put the suspect product outside if that's safe.
- Head to an ER if it's bad. Dizziness, trouble breathing or confusion are 911 situations. Suspected carbon monoxide poisoning needs urgent evaluation. Bring the product label or a photo of it, and say how long you were around it.
- Know the number. For immediate poison exposure guidance in the United States, the Poison Control number is 1-800-222-1222.3
- Ask for the incident number. If the Columbia-Richland Fire Department, West Columbia or Cayce fire, or police came out for a leak or spill, ask how to get the report.
- Record what you notice. Photos from a safe distance, plus dates, odors, symptoms and who you talked to.
- Save the paper. Product labels, receipts, water bills and any notices. Don't handle hazardous materials yourself; professional sampling may be needed.
- Hold off on releases. Many people talk to a lawyer before signing.
Exposures in the Midlands
Exposures in the area can come from carbon monoxide at home or in rentals, chemical releases at industrial and warehouse sites along I-77 and I-26, contaminated well or tap water, flooded homes after heavy storms, and job sites where workers handle solvents, fumes or dust.
Time to File
Most personal injury claims in South Carolina must be filed within three years.4 That's a deadline to file suit, and an insurance claim won't pause it.5 When the three years starts can be complicated, since it generally turns on when you knew or should have known about a potentially actionable injury.1 It's risky to assume the clock started late.
Claims against South Carolina government entities generally must be filed within two years, or three years with a qualifying verified claim.6 Caps and other special rules may limit those claims.2
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
What Has to Be Shown
A toxic exposure claim generally requires more than showing that a substance was present. Evidence may be needed on how exposure occurred, whether the substance can cause the type of injury involved, and whether it caused the particular person's illness.7 Lab results, environmental sampling and employer logs often carry the weight. See toxic exposure claims in South Carolina for more.
Talk With Us
Bring the water notices, the product name or the address of the job site, plus what your doctors think. If you hire us, the insurers can usually deal with us.
Our office is on King Street in Charleston. We take cases across South Carolina, including Columbia and the Midlands. The first conversation can happen by phone. If mold is the concern, see Columbia toxic mold claims.
South Carolina Law on This
- South Carolina's three-year limitations period for personal injury claims generally begins when a person knew or, through reasonable diligence, should have known that they had a potentially actionable injury. A person does not necessarily need to know the precise substance responsible, every defendant or the legal theory before the clock begins running.1
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.2
- For immediate poison exposure guidance in the United States, the Poison Control number is 1-800-222-1222.3
- Most personal injury claims in South Carolina must be filed within three years.4
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.5
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.6
- A toxic exposure or mold claim generally requires more than showing that a substance was present. Depending on the legal theory, evidence may be needed on how exposure occurred, whether the substance can cause the type of injury involved, and whether it caused the particular person's illness. Exposure does not automatically establish that someone is legally responsible for a medical condition.7
- Most injuries that happen on the job in South Carolina go through the workers' compensation system, which has its own rules, and usually limits suing your own employer.8
- Different workers' compensation timing rules may apply to repetitive trauma injuries and occupational diseases that develop over time in South Carolina. The date a worker first experienced symptoms is not necessarily the date the filing deadline began.9
- In South Carolina, an employee injured at work may be able to receive workers' compensation benefits and also pursue a personal injury claim against a responsible third party, such as another driver. The workers' compensation insurer may have a right to reimbursement from any settlement or judgment. Special rules and deadlines apply when pursuing both claims.10
Frequently Asked Questions
We found out about the contamination years after we moved in. Is it too late?
That depends on dates you'll want a lawyer to look at. The three-year period generally begins when you knew, or reasonably should have known, about a potentially actionable injury. A person does not necessarily need to know the precise substance responsible, every defendant or the legal theory before the clock begins running.1
The doctors are still running tests. Should I wait for a diagnosis?
No need to wait to call. Bloodwork and scans can take a while, and the call doesn't have to.
What if a public water system or another government body caused it?
I was exposed on the job. What then?
Sources
- S.C. Code § 15-3-535
- S.C. Code §§ 15-78-110 and 15-78-120
- America's Poison Centers / Poison Help line
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-80 and 15-78-110
- General South Carolina toxic tort causation principles (Sean Hall, Nov 5 review)
- S.C. Code § 42-1-540
- S.C. Code § 42-15-40
- S.C. Code § 42-1-560
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
