Ohio Injury or Death Due to Radon Exposure: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Injury or Death Due to Radon Exposure in Residential or Commercial Buildings throughout the State of Ohio.
Call TOLL FREE: (800) 848-5297 today to schedule a Free Consultation with on of our Experienced Toxic and Environmental Personal Injury Attorneys.
Ohio Radon Exposure Lawyers: Premises Liability for Toxic Gas Injury
Radon gas is a naturally occurring, odorless, and colorless radioactive gas that enters buildings through cracks in foundations, floors, and walls. As the leading cause of lung cancer in non-smokers, **long-term exposure** to high levels of radon in residential or commercial buildings constitutes a serious health hazard. Property owners, landlords, and managers have a duty of care to maintain premises in a reasonably safe condition, which includes mitigating known or foreseeable environmental hazards like high radon levels.
If you or a loved one developed a serious illness, such as lung cancer, due to radon exposure while occupying an Ohio property, you need a specialized attorney to fight for your rights. Our experienced Personal Injury Attorney team is skilled in complex toxic tort and Premises Liability claims, fighting aggressively to secure justice and maximum compensation under the Ohio Revised Code.
Owner Liability and Statutory Duties Under Ohio Law
While no single statute holds property owners strictly liable for all radon found on their property, liability for radon exposure injury is established through proving negligence—that the owner failed in their duty of care by neglecting known hazards.
Residential Property Disclosure (R.C. § 5302.30)
Under Ohio Revised Code § 5302.30, sellers of residential property must complete a disclosure form that specifically asks if the owner has actual knowledge of the previous or current presence of Radon Gas on the property. A landlord's failure to disclose a known, dangerously high radon level to a tenant may constitute a negligent misrepresentation or breach of the duty to warn of a latent hazard, especially if the premises are otherwise unsuitable for habitation under R.C. § 5321.04.
Commercial/Employer Liability
Owners of commercial buildings owe a high duty of care to employees and lawful visitors (invitees) to maintain a reasonably safe workplace. If a commercial owner or employer was aware of high radon levels (e.g., from prior testing) and failed to undertake mitigation steps recommended by the EPA (levels exceeding 4 pCi/L), they may be held liable for negligence that led to radon exposure and resulting illness.
Liability of Professionals (R.C. § 3723.17)
The Ohio Revised Code Chapter 3723 governs radon professionals. If an injury is caused by negligent radon testing or faulty radon mitigation performed by a licensed professional (or an unlicensed individual, which is prohibited by R.C. § 3723.02), their liability for injury or death is addressed by R.C. § 3723.17, which limits their liability if they acted in accordance with generally accepted practices.
Proving Causation: Linking Radon Exposure to Lung Cancer
Radon cases are highly complex and require sophisticated scientific and medical evidence to prove the property owner's negligence directly caused the victim's lung cancer. Our investigation focuses on:
- Evidence of Notice: Establishing that the owner had actual knowledge (documented test results, mitigation recommendations) or constructive notice (given the high prevalence of radon in Ohio) of the dangerous radon level.
- Exposure Quantification: Using current and historical testing data and expert air quality reports to estimate the victim’s prolonged radon exposure on the premises.
- Medical Causation: Working with leading pulmonologists, oncologists, and toxicologists to definitively prove that the diagnosed lung cancer or other serious respiratory illness was directly caused by the elevated radon levels in the defendant's building.
Damages and Ohio's Statute of Limitations (R.C. 2305.10)
Radon exposure typically results in a diagnosis of severe illness many years after the initial exposure. We fight for comprehensive financial recovery, recognizing the extreme medical costs associated with lung cancer:
- Medical Bills, Chemotherapy, Radiation Therapy, and Specialized Respiratory Care
- Compensation for Loss of Future Earning Capacity and Permanent Disability
- Loss of Consortium, Pain and Suffering, and Emotional Distress
- Wrongful Death Damages for Fatalities Caused by Radon Exposure
The statute of limitations for a Personal Injury claim for bodily injury caused by exposure to hazardous or toxic chemicals in Ohio (R.C. § 2305.10) is two years. Crucially, the cause of action generally accrues on the date the plaintiff is informed by competent medical authority that they have an injury related to the exposure (the Discovery Rule), not the date of first exposure.
Contact Our Ohio Personal Injury Attorneys Today
If you or a loved one developed lung cancer or a serious illness due to high radon exposure on a negligent property, contact us immediately.