What Can Soil Contamination Mean for Your Company?

by | Jul 9, 2024 | Toxic Torts

When allegations arise that the soil on a property you own or previously owned contains harmful chemicals, your company could face significant legal challenges. Addressing soil contamination is costly, and in many cases, there are complex federal implications.

Both California and the federal government take environmental contamination seriously and will pursue responsible parties for cleanup costs if contamination can be proven. However, the financial burden of soil contamination extends beyond cleanup expenses.

The Costs of Soil Contamination

Soil contamination incurs two major costs. The first is the cleanup itself. State and federal laws, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and California’s Proposition 65, outline the responsibilities and potential liabilities for contamination. Regulatory agencies will investigate and hold you accountable for any contamination that can be substantiated.

The second major cost involves potential toxic torts. Your company may face lawsuits from individuals claiming that the soil contamination adversely affected their health. This could lead to claims for various health conditions, such as:

  • Cancer diagnoses
  • Lead poisoning
  • Blood disorders
  • Reproductive health problems
  • Neurological conditions
  • Heart and lung problems

Soil contaminants, including PFAs, heavy metals, and radioactive materials, can cause a wide range of health issues.

You Have Options

A crucial aspect of managing the financial and legal risks associated with soil contamination is the ability to prove responsibility. Can it be proven that your company is at fault for the contamination? In some cases, such as those involving gas stations and manufacturing facilities, the link may be clear. However, contamination can persist for decades, and the situation may not always be straightforward.

Despite these challenges, your company has rights and can defend itself against allegations with the right legal representation. Ensuring you have experienced legal counsel can help you navigate these complex issues and protect your company’s interests.

For expert advice and representation on soil contamination and toxic torts, trust our experienced litigators to put you in a position of strength. Send us an email or call our firm at 213-444-7186.