How is this insurance claim likely to end?

Some work being conducted in an office lobby. Solvents used. Apparently standard flooring solvents. Operators not using any breathing apparatus whilst working. No problems for them.

But few visitors to office block claim breathing problems. Insurance claims made.

How will it end?

Did the workers take any reasonable precautions regarding the fumes? Such as having doors and windows open while using it, or running fans etc?

Also, what does, ‘breathing problems’, amount to? Did anyone actually suffer any missed work? Or need to go to hospital? Did those suffering have other conditions such as asthma or other medical sensitivities?

What country/state did this happen in? Was it a professional outfit, doing the work? A registered company? Do they have insurance against such problems?

You have provided such scant info, it’s going to difficult to offer any solid opinion I expect.

Calls for opinions. Moved from GQ to IMHO.

samclem, moderator.

I am not a lawyer or a doctor or a floor cleaner or a chemist. But I speculate the visitors are going to lose.

It’s not enough for the visitors to demonstrate they have medical problems. To win a lawsuit against the cleaners, they have to show that their medical problems are a result of exposure to the solvents. And given the circumstances described, I don’t think they’re going to be able to do that. I’m going to assume that the company that manufactures those solvents followed normal procedures and had them tested before selling them. So the company is going to be able to produce evidence to support the argument that the solvents are safe.

But if the workers are deposed and one of them admits that they just eyeballed the amount of chemical they mixed into their bucket, or that they added a splash of ammonia to the mix, or that they did not follow the label directions IRT fresh air requirements, etc.

Then the insurance company settles with the folks dragging O2 bottles around.:slight_smile:

I worked in high rise office buildings and retail stores. And most of the complaints about bad air are someone’s imagination.

And I have seen contractors do some really unbelievable stuff. Cut a live gas line with a saws all. Tear out a cold storage box without removing refrigerant and just cutting the lines. Remove the box and ceiling in an area loaded with asbestos with no abatement procedures. Along with using chemicals inside a building that they should not and employees having no PPE.

So there are a lot of depends. Everything from major pay out to a pat on the head.