A recent Sixty Minutes report alleged that Lumber Liquidators’ Product Emits Dangerous Levels of Formaldehyde. Of course Lumber Liquidators is denying the report. If true what does this mean for the end user of the product or even those the flooring contractors who sold and/or installed the product?
First, the installers who were injured by the product could potentially bring a complaint against Lumber Liquidator, provided they were not employees of Lumber Liquidators. Similarly the end consumer could bring a similar type of lawsuit against Lumber Liquidators for any of the formaldehyde containing wood. In either case, the injured person will need to demonstrate that their injuries were caused by exposure to an unsafe level of formaldehyde and that Lumber Liquidators failed to adequately warn of the danger associated with the product and provide safe handling instructions. Also, the failure to comply with the California Air Resources Board standard may establish (at least in California) that the product was inherently dangerous as manufactured, and that the manufacturer or reseller is therefore strictly liable for the resulting injuries to the installer (and to the consumer). In other words, the injured party, whether an installer or consumer, may not need to establish negligence (the failure to meet a duty of care) in order to hold the manufacturer or reseller liable.
Of course the foregoing is a general statement and is not intended to be legal advice. Anyone who believes they were injured by exposure to unsafe levels of formaldehyde in laminate flooring should contact a lawyer to seek legal advice specific to their particular situation.
