Get Help If This Weed-Killer Caused You Harm
Products used every day in America contain chemicals that have the potential to cause harm. A recent California lawsuit determined that a chemical in the weed-killer Roundup may have caused a man’s terminal cancer, and that the manufacturer, Monsanto, was liable for failing to inform the man of the chemical’s risks. Monsanto was ordered to pay $289 million dollars.
Just as cigarettes contain a surgeon general’s warning about the carcinogenic properties of tobacco, other product manufacturers are required to warn consumers about the risks of their product. This is true even when there is no overwhelming or concrete evidence that the product may be harmful.
If you’ve been diagnosed with cancer and believe it may be associated with Roundup or another herbicide (weed-killer), you should contact a Dallas product liability lawyer at Crowe Arnold & Majors, LLP. We have over 25 years of experience handling injury claims in the state of Texas, and we offer a free consultation to review your potential case.
What Is the Danger in Roundup?
Many weed-killers contain the chemical glyphosate, and it is the primary ingredient in Roundup. Glyphosate is a non-selective herbicide, meaning it kills most plants. The chemical prevents plants from making certain proteins that are needed for growth by stopping a specific enzyme pathway (National Pesticide Information Center).
Many scientific studies and reviews support the claim that glyphosate does not cause cancer, however, there is evidence linking glyphosate to non-Hodgkin’s lymphoma. While no one can say definitively that glyphosate causes cancer, research shows there is a risk associated with exposure.
Roundup, Glyphosate, and the Law
In recent years, environmental organizations have labeled glyphosate: a possible carcinogen, likely not a carcinogen, and probably carcinogenic. Regardless, companies have a duty to inform consumers when a chemical in their product has a known health risk. In this case, Roundup knew that glyphosate had been labeled potentially cancer-causing by multiple environmental groups, yet did not warn consumers that using Roundup carried a risk of cancer.
In a case like this, the manufacturer may be held responsible under the theory of product liability; the legal liability a manufacturer, distributor, or seller incurs for producing or selling a faulty product. Manufacturers are expected to use warning labels to caution consumers against any danger that may come from the use of their products.
Texas is a strict liability state. Strict liability allows a person injured by a dangerous product to recover compensation from the maker or seller of the product without demonstrating that the manufacturer or seller was actually negligent (failed to take proper care). While you do not have to prove negligence, it will help your case to show that the manufacturer knew or should reasonably have known that users would not realize the danger, the manufacturer failed to adequately warn of the danger, and that the company’s failure to warn was a substantial factor in causing harm.
Work with an Experienced Dallas Product Injury Attorney
A knowledgeable personal injury lawyer can assist you in proving all of these elements. If you were diagnosed with cancer and suspect that Roundup played a role, you deserve to be compensated for your medical bills, lost time at work, and pain and suffering. Give Crowe Arnold & Majors, LLP a call at (214) 231-0544 for an initial evaluation at no cost. Our team will be happy to help.