A hazardous substance is a substance that is toxic, corrosive, an irritant or flammable. It can cause serious personal injury or illness when used.
The Federal Hazardous Substances Act (FHSA) defines a hazardous substance as one intended, or packaged in a form suitable for use in a household.
The Act prohibits shipping or selling misbranded hazardous substances in interstate commerce.
It requires that a hazardous substance contain a warning label that includes the main hazard, precautionary measures, instructions for handling and store, and the statement “Keep out of the reach of children.” Failure to provide adequate warnings or instructions can lead to severe illness or personal injury, if this is the case get the legal advice of an experienced personal injury law firm.
The Act regulates hazardous substances and The Consumer Product Safety Commission enforces it. The Commission can order a manufacturer or distributor of a banned hazardous substance to give public notice that the substance is banned. It can require the manufacturer or distributor to repair or change the substance, replace the substance, or refund the purchase price of the substance.
The FHSA can be found in Title 15 of the United States Code, starting at Section 1261.
Rules that explain the requirements of the Act, how to determine whether a product requires labeling, what labeling is required for specific products, and what products are banned are published in the Code of Federal Regulations in Title 16, Part 1500.
The FHSA covers products that may be brought into or around a place where people live, including products stored in a garage, shed or carport.
Keep in mind:
- A product is toxic if it can produce personal injury or illness to an individual when it is inhaled, swallowed, or absorbed through the skin.
- A product is corrosive if it destroys living tissue such as skin or eyes by chemical action.
- A product is an irritant if it is not corrosive and causes a substantial injury to the area of the body that it comes in contact with.
If you or a loved one has suffered an injury or illness due to a hazardous substance, it is wise to contact a skilled personal injury attorney as soon as possible.
Contact the personal injury law offices of Maggiano, DiGirolamo & Lizzi for answers to your questions and to discuss if you are entitled to compensation for your injuries and medical expenses, and pain and suffering.
We are conveniently located in Fort Lee, New Jersey and New York City.