Environmental Law (Pollution)

Although we have laws in place to protect people and the environment, pollution generated by irresponsible companies that negligently handle their industrial waste still damage our air, soil, and water, and in turn, place people’s lives and livelihoods in jeopardy. The consequences of such misconduct on behalf of business are serious and varied. Injuries ranging from property damage and devaluation, to health consequences as serious as cancer, birth defects, and permanent disability are possible.

Individuals affected by environmental injury may be able to seek recourse through the legal system. Frequently, lawsuits alleging environmental damage causing individual harm are brought as claims for trespass and/or nuisance. Trespass claims arise where the polluter makes a physical impact on the aggrieved party’s real property—such as leaking contaminants into the soil of an adjacent parcel or property. Nuisance claims are more frequently associated with non-physical intrusions, such as noise or smell, and generally arise where the entirety of the act causing injury occurs on the bad actor’s land.

The release of toxins into the environment can cause health problems. Just like the drunk driver who injures someone while negligently operating a motor vehicle, a company negligently releasing toxic chemicals that cause illness may be liable for the injuries they case.

Bringing a lawsuit against a large corporation for pollution related injuries can be a daunting endeavor. In order to establish the existence of an injury, clinical medical experts will need to be retained; to explain the link between certain types of pollution and the type of injury sustained will require a different sort of expert with advanced knowledge in public health concerns; and finally, demonstrating a systemic failing of the manufacturing process, or isolating the root cause of a large release of toxins leading to the claimed injury, will require some engineering expertise. As such, this type of claim is very difficult to bring without the support of experienced legal counsel. If you are suffering from a pollution related injury, contact the experienced environmental lawyers at Neumann Law Group for a free consultation.