If you were exposed to the toxic chemicals and fumes that resulted from the Ohio train derailment, which occurred in February 2023, then you may be eligible for financial compensation. This may cover property damage, medical expenses, pain and suffering, and lost wages incurred due to the release of hazardous materials during the accident.
Our award-winning personal injury lawyers are well-versed in filing claims against railroad companies responsible for the East Palestine toxic leak. We promise to work diligently and ardently to ensure that you receive a fair outcome for your claim.
On February 3, around 9 p.m. EST a Norfolk Southern train derailed in East Palestine, Ohio. The train derailment happened near the border of Ohio and Pennsylvania, located near a village of about 4,700 residents. The derailed train comprised roughly 150 cars. About 3 dozen cars derailed, 12 of these cars were carrying hazardous materials.
The cars containing the hazardous materials were listed as carrying vinyl chloride, butyl acrylate, ethylhexyl acrylate, and ethylene glycol monobutyl ether. These have been and continue to be released into surface soils, the air, and surface waters.
A huge fire then followed the derailment, sending a thick swell of smoke into the sky. About 1,500 to 2,000 nearby residents were evacuated following the derailment. On February 6, officials ordered a mandatory evacuation, as the fear of an explosion arose. Governor Mike DeWine informed residents that evacuation was “a matter of life and death.”
In an effort to prevent an explosion, crews performed a controlled release of the hazardous chemicals from five derailed cars. These toxic chemicals were then set on fire. This act raised questions on the environmental and health risks this would pose to residents and first responders if inhaled.
Residents who were evacuated into shelters and schools were then allowed to return to their homes on February 8.
Investigations involving the Environmental Protection Agency and the N.T.S.B. are said to be examining the tank car fittings, the locomotive event data recorder (EDR), and surveillance video obtained from a nearby residence. An initial report is said to be released by the end of February.
Vinyl chloride, butyl acrylate, ethylhexyl acrylate, and ethylene glycol monobutyl ether were found in the derailed cars. The most concerning of these being vinyl chloride, which is used in polyvinyl chloride (PVC) production. PVC is a hard resin commonly found in plastic products. Short term exposure could cause dizziness and drowsiness, while high exposure could lead to hospitalization and death.
On February 12th, the Environmental Protection Agency’s monitoring of East Palestine’s air quality revealed that contaminants had not reached “levels of concern,” yet residents may still experience an unpleasant odor. After the inspection of 459 homes, no trace of vinyl chloride or hydrogen chloride was found — both can cause life-threatening respiratory issues.
As of February 8, the Ohio Department of Natural Resources reported that the East Palestine chemical spill affected approximately seven and a half miles of stream, killing around 3,500 fish.
Tiffani Kavalec, the head of the Ohio Environmental Protection Agency’s surface water division, declared that tests had revealed two chemical contaminants in certain Ohio River tributaries. She added that appropriately functioning water treatment processes should be sufficient to eradicate these compounds.
What happens to East Palestine homeowners? Since the train derailment, numerous locals have reported nauseousness, severe headaches, and complained of strong smells.
The EPA has been consistently inspecting homes located near the derailment for possible indoor air quality issues. Thus far, the United States Environmental Protection Agency has reported there is no proof of high levels of vinyl chloride or hydrogen chloride from about 400 homes tested. However, full transparency has been lacking.
In a meeting with officials on Wednesday, February 15, residents expressed their doubts in officials, their fear whether or not their village is safe, and the validity of water and air tests. A local TV news station reported that a resident 10 miles north of East Palestine says that six of their chickens had died a day after the chemical spill.
The effect of the chemical train derailment has greatly affected the lives and livelihood of the people of East Palestine and neighboring areas. Leaving some residents displaced, considering their homes “unlivable” at the present time, and fearful of the current and future ramifications of the incident.
The Legal Information Institute defines loss of use as “the damages that occur when conduct results in property being unavailable for use for a limited period of time” due to the negligence of another party or an accident. This property may include personal property, real property (land law), or a body part.
Loss of use coverage is insurance coverage that safeguards individuals from the financial burden of paying for additional living costs if their home becomes uninhabitable following an insured loss.
An example of this would be if a family’s house caught fire, their loss of use coverage would pay for their temporary stay in a motel or AirBnB. Or in the case of a car accident, if the victim’s car is deemed unusable they may be compensated for the loss of use of their car while it is being repaired or replaced.
In the case of the chemical spill in East Palestine, Ohio, businesses and homeowners may be eligible for loss of use coverage if the accident has caused their property to become unusable or their businesses to close temporarily or permanently.
Businesses that use large amounts of water everyday such as restaurants, parlors, and such will also be affected by the Ohio train derailment as locals are still skeptical of using the water.
Some local business owners express hesitancy in expanding their businesses, due to the uncertainty of the long-term effects of the incident. Ben Ratner told CNN in an interview that “It’s hard to make an investment in something like that or even feel good about paying our mortgage whenever there might not be any value to those things in the future,”.
There are reports that cleanup and monitoring could take years. This, coupled with growing health concerns and the unpredictable effects of the train derailment, could easily affect income for East Palestine locals.
A business insurance claim is a formal notification sent to your insurance company to inform them of loss or damage you have suffered and request compensation for the loss, if this is included in your insurance policy. Here are the steps on how to file a business claim:
To prove any future loss, you will need to provide evidence that these losses were caused by the accident. A skilled attorney can help you present the evidence necessary to get the money that your business deserves.
Farahi Law Firm is available to discuss your individual case and help you file a business tort if applicable.
The Ohio train derailment chemical spill has caused a significant amount of damage to residents, businesses, property, and the environment.
Individuals affected by this catastrophic incident should seek medical and legal aid as soon as possible to ensure their rights are protected and recover compensation for any damages to their property. Meanwhile, business and property owners ought to contact a business tort lawyer at Farahi Law Firm right away to determine what legal rights and remedies are available to them.
Don’t let time run out on your potential legal action — reach out to Farahi Law Firm today to go over the specifics of your case. We specialize in personal injury lawsuits and business torts, so do not hesitate! Get in touch with us to start pursuing justice for yourself and your loved ones
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