On February 3, 2023, a train operated by Norfolk Southern Corporation carrying toxic chemicals, including vinyl chloride, derailed in eastern Ohio, igniting a fire that burned for days, which blanketed the small town of East Palestine, Ohio and beyond with a cloud of toxic fumes. The toxic cloud, which also resulted from the decision to “burn off” the toxic chemicals, dissipated into the jet stream, blowing east to west into Western Pennsylvania, including, but not limited to, Beaver, Butler and possibly Allegheny Counties. Preliminary testing is being conducted of the air, soil and water quality surrounding the derailment. There are various reports from residents and officials of dire consequences already, including development of rashes, shortness of breath, headaches and massive fish kills in area streams.
Due to serious concerns for the health and safety risks posed to residents and those working in both the East Palestine and Western Pennsylvania areas, thousands of residents were forced to evacuate the areas they call home and work for days following the derailment. This preventable disaster has already caused economic losses for those who live and work in the area in the form of lost profits and property damage. Further, the potential of serious health risks and economic fallout in these areas have residents and those who work in these areas seriously concerned about their future.
While class action suits have already been filed against Norfolk Southern Corporation, this may not be the best option for all. Class actions do not take into consideration the extent of each individual’s losses, such as medical bills, lost wages, property damage, or pain and suffering. As such, in the event a class action suit does result in a verdict or settlement in the plaintiffs’ favor, each plaintiff is required to split all proceeds equally with all the other plaintiffs in the suit. While this may benefit those who have suffered minor losses, for those who have suffered more serious damages, it is usually not the best course of action.
If you reside or work in the area of the derailment, you are encouraged to contact Myers Law Group to discuss your legal options with a licensed attorney. We are familiar with handling civil suits in the courts of Beaver, Butler and Allegheny Counties, as well as federal court, and are located only a short drive from the Beaver, Butler and Allegheny County lines.
Call us today for a free evaluation 724-778-8800.
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