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When valuable natural resources like oil, gas and minerals are located in America, and companies move to extract them, the drive for profitability can compromise vast areas and cases of environmental property damage are not uncommon.

Most claims of environmental property damage are related to air, water and land pollution, resulting from negligent waste management, defective equipment, corporate negligence, poor and improper materials safety training, and the reckless use of toxic chemicals. Large chemical and petroleum spillage can contaminate large swaths of land, including private property.

America’s oil and gas companies have the ability to create jobs and wealth around the country, but they also have a responsibility to protect the environment and preserve property values in surrounding areas.

When fracking causes irreparable environmental damage, homes and properties are damaged, and remediation is necessary, they need to compensate property owners for the damage they have caused. To achieve this, property owners should reach out to a qualified fracking attorney.


Contamination Lawsuits


Long-term health concerns and property damage can lead to property contamination lawsuits against those responsible for the pollutants. In Ohio and around the nation, companies may prioritize profitability over environmental protection and must be held accountable.

Environmental property damage claims relate to air, water and land pollution, resulting from negligent waste management, corporate negligence, and the use of toxic chemicals. Chemical run-off and fracking spillage can contaminate large areas of private property.

Joe Lyon is a highly-rated Ohio Environmental Attorney representing plaintiffs nationwide in property contamination lawsuits and Toxic Exposure Attorney.

Contact The Lyon Firm if you suspect a nearby company has contaminated your property. EPA experts will be able to determine the root cause of contamination.


Types of Property Contamination


If land or facilities are contaminated with toxins or pollution due to the negligence of a nearby corporation, the home and property owner may be entitled to compensation for damages to personal property, public nuisance and any injury resulting from exposure to hazardous substances. Contact an Ohio property contamination lawyer to investigate the root cause of pollution.

Recent lawsuits and settlements have targeted oil and gas companies, government land operators, miners, and other manufactures for contaminating the environment, private property, and endangering the health and lives of thousands of American citizens.

Air, land and water pollution have been serious issues in areas with drilling rigs, fracking equipment, pipelines, and underground tanks, contaminating and poisoning much of the soil and ground water. Property contamination claims involve dangerous substances that include harmful metals, hydrocarbons, radon, asbestos, benzene, lead and toxic waste.

Joe Lyon is a highly-rated Cincinnati Toxic Tort Attorney and Ohio property contamination lawyer, representing plaintiffs nationwide in a wide variety of civil litigation and environmental damage claims.  

Environmental Damages


The gulf coast oil spill highlighted how dangerous large corporations can be to the environment, but that incident is only one of many that occur all too often.

Oil companies are among the largest offenders of failing to uphold environmental integrity, though many other companies and industries in the United States regularly pollute private properties, causing major damage to land, homes and the health of Americans. The following entities have recently been named in property damage claims:

•    Municipal Landfills
•    Military Installations
•    Steel Plants
•    Industrial Farms
•    Fertilizer Companies
•    Oil Processing Plants
•    Local Gas Filling Stations
•    Dry Cleaners
•    Fracking Companies
•    Oil and Gas Companies
•    Injection Wells


Industrial Contamination


Water Contamination


Industrial and agricultural pollutants can cause serious damage not only to property and groundwater supplies but overall health of entire populations. Toxins that contaminate water can include fertilizers and pesticides, sewage, benzene, lead, chemical waste, and other accidental industrial spills.

Millions of Americans may be affected by water contamination, and those responsible must be held responsible in order to provide for a safer, healthier future.

Corporate negligence can compromise regions and cities. Unfortunately, environmental property damage has become quite common. Air pollution and water contamination can both be attributed to negligent waste management, corporate negligence, improper safety training, and the reckless use of toxic chemicals.

If you have been exposed to toxins at the workplace or suspect water contamination on your property, contact an experienced Cincinnati Toxic Tort Attorney and Ohio Water contamination lawyer to investigate.

Following toxic exposure at the workplace or water contamination on your home property, it is critical to have the area assessed by environmental experts to determine the cause of contamination and the extent of the health risks.

The Lyon Firm works with national environmental litigators and serves as an Ohio water contamination lawyer for those suffering from the consequences of industrial negligence.


Fracking Pollution


Because land contamination is not only dangerous to residents health, but also greatly affects property values, environmental property damage lawsuits are necessary to recover what is lost to large reckless corporations in fracking and other industrial work sites.

Several toxic chemicals are used every day on fracking sites, though employees who work closely with the substances may not be entirely aware of the health risks the toxins present.

Employers have a duty to warn workers of the risks and provide them with proper protective equipment and safety protocols. Fracking companies have failed in the past to take responsibility for unsafe workplaces, and employee cancer rates reflect their negligence.

Some states on the east and west coast, and many counties throughout the country have banned fracking because of the volatile nature of fracking, which is known to elevate environmental risks, contaminate large swaths of land and water, and make a negative impact on entire regions.

Many areas with fracking activity are reconsidering the economic benefits of the process because of the severe damage it causes to the state of land and property values.

Benzene and Silica are only two of the toxic substances found regularly on fracking sites. There are several others. The fracturing fluid injected into the ground at oil and gas sites may consist of dangerous chemical additives, gels, foams, and compressed gases.

A common fracturing fluid blend may contain water, sand, other proppants, and up to a dozen or more toxic chemical additives. Some drilling sites rely on liquefied petroleum gas (LPG) and propane, which present certain dangers to workers as well. In addition to being a fire hazards, LPG can cause cold burns to the skin and it can act as an asphyxiant at high concentrations.

If not properly controlled, frac sand can cause lung cancer, silicosis and other fatal illnesses in exposed workers. Benzene exposure is linked to Acute Myeloid Leukemia and other cancers. Other fracking chemicals used at worksites include:

  • Polyacrylamide
  • Methanol
  • Ammonium persulfate
  • Radon
  • Methylene chloride
  • Polycyclic aromatic hydrocarbons
  • Methane
  • Benzene
  • Toluene
  • Isopropyl alcohol
  • Ethylene glycol
  • 2-butoxyethanol
  • Acetic acid
  • Hydrochloric acid
  • Borate Salts
  • Glutaraldehyde
  • Isopropanol
  • Guar Gum
  • Aluminium Phosphate-Ester Oil

Injection Well Pollution


Residents in Ohio and other states with fracking injection wells and other ongoing oil and gas projects ongoing are forced to live with the environmental damage caused by oil and gas production. Both long-term health concerns and property damage can lead to contamination lawsuits against those responsible for the spills or leakage.

Recently in Colorado, a family living in an area with over 50 fracking injection wells reported that their home and school are exposed to toxins like benzene.

Oil and gas companies are willing to take the risks, and even though benzene and other dangerous chemicals used in the fracking process are known cancer-causing agents, the companies operate until legal action is pursued and victims force the issue of public health, safety and responsible corporate behavior.

Methane gas and other chemicals used in fracking often escape and contaminate groundwater. When companies put profit ahead of environmental protection, they can be found negligent when environmental damage negatively affects property values.

Fracking is a complicated energy extraction process that involves different companies that specialize in drilling technology, transportation, chemical manufacturing, and land management.

Many of these companies can be held liable by a fracking contamination lawyer if they are responsible for operations that result in a loss of widespread property values. Large corporations that have been recently named in property value loss lawsuits include:

•    Chevron Corp.
•    ExxonMobil Corp.
•    Halliburton
•    ConocoPhillips Co.
•    EOG Resources Inc.
•    Continental Resources Inc.
•    Whiting Petroleum Corp.
•    Marathon Oil Corp.
•    QEP Resources
•    Hess Corp.
•    Samson Oil and Gas Ltd.
•    GasFrac Energy Services
•    Spectra Energy Corp.
•    Antero Resources
•    Enterprise Products Partners
•    Plains All American Pipeline
•    U.S. Silica


Agriculture Contamination


Private water wells and drinking water are regularly being contaminated by farms in Ohio and across the nation, spurring property damage lawsuit and pollution claims against large agriculture operations.

Farms using huge amounts of pesticides and raising livestock are causing major environmental problems, according to an article published in the Wall Street Journal this week.

Many property owners have stopped drinking from private water supplies on their property, which have allegedly been poisoned by nearby farms. Bacteria and nitrates, mostly derived from manure and chemical agents, have contaminated much of the nation’s groundwater supply near large farming operations.

Farms is now more productive than ever, but that comes at a massive cost to the environment and to property owners, who are looking to litigate the damages. The rate of groundwater contamination has increased in recent years, and as much as a fifth of the country’s groundwater is unsafe for consumption.


Property Contamination Lawsuits


Following land and water contamination, clean-up cost is often very expensive, and will require property contamination lawsuits and legal claims to recover compensation for the property damage.

Lawsuits may be able to recover not only property values but also any damages related to adverse health reactions to contamination and the following:

  • Loss of Land Value
  • Loss of future earnings
  • Cost of Remediation
  • Medical Expenses related to illness

Air Pollution Lawsuits


Hazardous air pollutants, released from a number of heavy industries, including energy, auto makers, chemical producers, and oil refiners, are known to cause cancer and other serious health impacts.

Medical experts, your Ohio toxic air pollution lawyer and the Environmental Protection Agency (EPA) have warned that even low doses of dangerous airborne chemicals can alter hormones. Long term exposure to certain toxins has been linked to a wide range of health effects, including infertility, cardiovascular disease, and multiple forms of cancer.


Ohio Contamination Lawyer


Environmental pollutants that cause harm to personal health include fertilizers and pesticides, sewage, lead, heavy metals, chemicals, asbestos, and petroleum-based substances.

Due to the large amount of contamination the U.S., it is difficult to know how many properties and residents are affected, though current legal and medical records suggest the problem is more widespread than previously thought.

Because the contaminants include a range of substances, health complications can vary widely. Some contaminants cause property damage and little discomfort, while others may be potentially life-threatening. Common injuries and illnesses caused by environmental contamination may include:

•    Heart disease
•    Severe allergic reactions
•    Certain forms of cancer
•    Immune deficiency
•    Nerve damage
•    Lymphoma
•    Heavy metal poisoning
•    Neurological problems
•    Developmental disabilities
•    Reproductive damage—birth defects


Camp Lejeune Injuries


One of the most devastating cases of recent property contamination occurred at Camp Lejeune in North Carolina. Many military veterans and civilians were exposed to contaminated drinking water, and suffered related illnesses.

Health officials concluded the contaminants in the drinking water at Camp Lejeune likely increased the risk of cancers, adverse birth outcomes, and other dangerous conditions. Victims are able to receive government disability benefits totaling more than $2 billion.


Environmental Litigation & Toxic Exposure


Oil and gas companies, and other major polluters in the United States, must be held responsible for their negligent actions that damage property, and potentially harms thousands of innocent people each year.

The objective of any property contamination claim is to restore the land, compensate the property owners, and penalize the reckless, negligent corporation who was responsible for the damage.

The contamination of surface water, groundwater, and soil is a serious matter, and involves environmental experts to properly assess the situation and create a cleanup and remediation plan. Quick reaction to environmental damage is necessary to control the risks, and begin legal action against the responsible parties.

photo of attorney Joe Lyon
A Voice for Those who have suffered 

Why are these cases important?

Many product liability cases have had a positive impact on public health and safety, and we have witnessed improved lives and future injuries prevented as companies are forced to remove products and change designs and warnings as a result of litigation.

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Questions about Product Liability & Case Types

What is a Product Liability Lawsuit?

Product liability lawsuits often contain causes of action for strict liability, negligence, and breach of warranty. Strict liability applies to different factors than negligence-based claims.

In negligence cases, the actions of the defendant are the focus. In strict liability claims, the focus is on the condition of a product at the time it left the manufacturer. If a product is determined to be defective, the company is liable for any foreseeable injuries that are in-part caused by the defective condition of the product.

What are some examples of Product Liability?
How is a Product Defined as Defective?
Ohio Definition of Defective

A product is defective if it is unreasonably dangerous for its intended use. A legal cause of action can be based on several types of product defects. The following are Cincinnati product liability and strict liability claims available in Ohio and in most jurisdictions nationwide:

(1)  Manufacturing/ Construction Defect:

These issues arise where the product is released from the factory in a manner that deviates from the intended design or specifications. The defect can be a result of using the wrong materials, including the wrong or completely foreign materials (e.g., Tylenol contamination, food poisoning, damaged car part from factory installation).

As a result of the deviation, the product enters the market in an unreasonably dangerous condition and the consumer is exposed to or purchases a product that is defective. Any personal injuries or economic loss that arise from the the defect are compensable under Ohio product liability law.

(2) Defective design and/or formulation:

Defective design product liability cases arise not because a mistake was made during the manufacturing process, but rather the original design of the product is unreasonably dangerous. A “risk benefit analysis” is used to determine whether safer/less expensive alternative designs were available to the manufacturer.

Federal regulations set minimum standards for the design of many consumer products, and preemption defenses may preclude liability in some situations if the manufacturer follows and obtains federal approval for a product. Automotive recalls and product liability cases are usually a result of a defective design. Common cases include the Toyota Brake Recall, Chrysler Gen III seat belt buckle, lap belt only cases, Metal on Metal hip implants, transvaginal mesh.)

(3) Failure to warn or inadequate warning or instruction associated with the product:

All consumer products come with necessary and appropriate warnings and instructions for use. If the lack of a warning makes the product and use of the product unsafe, the manufacturer is liable for the failure to place the warning. The most common area of litigation for failure to warn is in pharmaceutical litigation.

Pharmaceutical manufacturers are required to warn of the known or foreseeable side effects and update the warnings in a timely manner. Litigation arises where there is evidence the manufacturer failed to timely update a warning in light of new data or simply ignored the risk and failed to conduct sufficient research to identify and then disclose the risk.

(4) Misrepresentation:

The product fails to conform to a representation or warranty. Warranty claims are more common in commercial and economic loss cases than in personal injury cases. In many States, The Product Liability Act does not apply to cases with only economic loss, because the Commercial Code provides recourse for breach of warranty.

The warranty may be written or implied based upon the products intended purpose and merchantability. An example of a breach of warranty cases are cases involving automotive defects.

How do you prove design defects?

Risks:  The following factors are considered under Ohio law when determining the risks associated with the design of a product:  (1) the magnitude of the risk of injury; (2) ordinary consumer awareness of the risk for injury; (3) the likelihood of causing injury; (4) the violation of a private or public standard; and (5) the consumer’s expectation of the performance of the product and level of danger. Ohio Revised Code 2307.5 (B) Product Defective in Design or Formulation.

BenefitsThe following factors are considered under Ohio law when determining the benefits associated with product design: (1) the utility of the product; (2) availability of an alternative design; (3) the magnitude of risks associated with an alternative design. Ohio Revised Code 2307.5 (c)

Defenses for Defective Design(1) a pharmaceutical drug or medical device is not defective by design if it contains an adequate warning of an unavoidably unsafe aspect of the pharmaceutical or medical device; (2) the dangerous aspect is inherent to the product, recognizable, and cannot be eliminated without compromising the product’s usefulness; (3) a lack of a feasible alternative design. 2307.75 (d)(e)(f).

EXAMPLES:

What is a manufacturing defect?
  • A manufacturing defect is based on a defect that occurred during the manufacturing process. Many auto companies have been involved in this kind of product liability lawsuits in recent years, due to defective airbags, software defects, tire failure, and other dangerous manufacturing errors.

    Most manufacturing defect cases are based on a products deviation from the intended specification, formula, performance standards, or design model. In such cases, it may be easy to determine the product did not comply with the intended design.

    The product may be recalled as a specific lot is identified as being non-compliant and defective. A product may be defective in manufacture or construction, materials and assembly, and a manufacturer or distributor may be subject to strict liability, even though it exercised all possible care.  Ohio Revised Code 2307.74.


    Manufacturing Defect Examples:

What is a failure to warn lawsuit?

In determining whether a product is defective due to inadequate warning or instruction, evidence must be presented to prove:

  • The manufacturer knew, or in the exercise of reasonable care, should have known about a risk
  • A reasonable manufacturer would have provided a warning of the risk
  • The manufacturer failed to provide the warning
  • The person was injured due to a lack of warning. The same elements apply whether the claim is based on a warning present during the marketing or post-sale warnings.

Defenses to Failure to Warn Claims(1) the risk was open and obvious or a matter of common knowledge; and (2) in cases of a pharmaceutical drug or medical device, the warning was provided to the prescribing physician (“Learned Intermediary Doctrine”).

Many pharmaceutical companies have been targeted in failure to warn lawsuits for either failing to place warnings on medication guides and packaging or failing to properly test their product before putting it to market.


 

What are consumer product safety regulations?

Design and manufacturing defects result in thousands of product recalls each year in the United States, initiated by federal safety agencies. Following injury and illness, regardless of recall status, victims and plaintiffs may pursue legal action and contact a product liability lawyer to begin the litigation process. Rightful compensation can be sought and help plaintiffs recover medical costs and other related damages.

Product liability law overlaps with regulatory law, which are the systems of legislative rules and administrative agencies, and part of federal and state governments. These agencies regulate the safety of the products sold to the public. Examples include:

  • The Food and Drug Administration (FDA)
  • The National Highway Traffic Safety Administration (NHTSA;)
  • The Consumer Product Safety Commission (CPSC)

The listed government agencies, however, may initiate recalls of dangerous products but do not provide remedies or compensation for damages where an individual is injured due to the defective product.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

 Experience:  Joe Lyon is an experienced Cincinnati Product Liability Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters.   Product Liability lawsuits can be complex and require industry experts to determine the root cause of an accident or injury.  Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical negligence, construction accidents, and auto dealership negligence casesThe cases have involved successfully litigating against some of  the largest companies in the world 

Your Right to Safety

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Defective products on the market present safety and health hazards for adults and children. Cheap and defective products may pose fire and burn risks; electrocution, strangulation and choking risks; and severe health risks. The manufacturers of consumer products have a duty to foresee potential injury and properly design and test products before they are released.

Companies must also properly warn consumers of any risks associated with their products. Any failure to protect consumers that results in accidents and injury can lead to lawsuits filed by plaintiffs and their Cincinnati product liability lawyer

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law. 

DEFECTIVE LAP BELT RESTRAINT

SPINAL CORD INJURY

(Pikeville, Kentucky): Confidential settlement for Plaintiff who suffered spinal cord injury resulting in paraplegia due to defectively designed seat belt. Four passengers with three-point (lap/shoulder) belts walked away from the accident, and the only passenger wearing a two-point belt (lap only) suffered a debilitating spinal cord injury. The settlement assisted with home improvements to assist in daily living. GM entered federal bankruptcy during the process and no longer manufactures two-point lap belts for vehicles.

DEFECTIVE PROPANE WALL HEATER

WRONGFUL DEATH 

(Hillsboro, Ohio): Confidential Settlement for the family of elderly man who was catastrophically burned while operating a propane wall heater. The burns resulted in his unfortunate death. The heater, manufactured and sourced from China, was alleged to allow the flame to reach outside the grid area in violation of ANSI standards. The Defendant resolved the case following discovery and mediation. The recovered funds were paid to the victim’s surviving spouse and children. The company no longer manufactures this type of heater.

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