California Civil Code 3479 defines a nuisance as anything “injurious to health…indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.” Landfills that are releasing putrid odors into the community could be found to be public nuisance. Under this law, members of the community affected by the nuisance may have grounds to pursue a claim. Of course, any members of the community who have suffered harm as a result of exposure to the odor can pursue claims. For more information about how this law may apply to your specific situation, we urge you to seek legal assistance with the experts here at our law firm today.

Are the property owners and operators of these landfills liable for the odors coming from the property? Yes, owners/operators are liable for any odors coming from their landfills. In fact, they have a duty to ensure that the smells/odors, gases, and liquids released from their landfills do not pose a risk or even a nuisance to the community. They must adhere to regulations and different safety codes to ensure that odors, gases, liquids, etc. stay under a certain level. When issues arise, they must take action (like using gas flares, investigating, addressing reports, monitoring smells, etc.) to address the issue and get the landfill back in compliance. Then the owners and operators of landfills fail to do this, they could be sued.

Can I participate in a class action lawsuit against the owner/operator of a landfill? How do I participate in a class action lawsuit on this case? These are very important questions that you and other members of your community affected by the landfill may be asking. So, let’s address these questions. Yes, you could participate in a class action lawsuit; these types of claims are common in cases in which many different parties are affected in the same or similar way. To participate in a class action lawsuit, you must reach out to a lawyer experienced in class action lawsuits. If a class action already exists, your lawyer will help you be a part of the class. If there is no class action yet, your lawyer will create the class by reaching out to other community members in the same position as you and your family. For more information about class action lawsuits against landfills, contact us today. Our expert legal team is ready to answer any of the questions that you may have.

Yes, you could be entitled to receive compensation if you decide to pursue a claim. You might have questions about the specific type of compensation that you could receive and the amount that you could potentially be awarded. Because every case is so different, we cannot give you an estimated case value upfront; your case needs to be evaluated thoroughly to determine a possible case value. However, your compensation could include medical costs, lost pay, pain and suffering, relocation costs, property damage, legal fees, etc. based on your specific situation. With class action lawsuits, there tends to be high-value settlements (settlements in the millions). However, it is important to note that these settlements are normally split between hundreds if not thousands of people who make up the class action. For more information about the compensation available for these types of cases, contact us today.

Let’s consider this example of a past case. The lawsuit filed against Browning-Ferris Industries (the owners and operators of Sunshine Canyon Landfill in Sylmar, CA) claimed that the landfill was emitting harmful odors/pollutants into the community since 2009. According to the lawsuit, even after thousands of resident complaints about the odors/fumes coming from the landfill, no action was taken. In addition, residents claimed that they avoided inviting guests to their homes and that they often had to leave their homes entirely to avoid the smells. In this case, specifically, residents could not enjoy their homes because of the nuisance created by the landfill.

The community members affected by the odors coming from the Chiquita Canyon Landfill are coming together to try and hold the owners/operators of the landfill, Wast Connection, accountable for the stench that has been coming from the landfill. After countless reports, the South Coast Air Quality Management District (AQMD) got involved. They issued an abatement order to get the operators of the landfill to take action to reduce or eliminate the odor coming off the property. Of course, the odor is affecting the surrounding communities. According to residents, the smell is so foul that they must limit their outdoor activities and keep their windows closed. Some residents complained of nose bleeds, asthma, and other physical symptoms.

The source of the odor has been confirmed to be dimethyl sulfide (DMS) that is coming from an older part of the landfill. The smell of DMS is described similar to the smell of an onion or worse. Exposure to DMS can cause many symptoms, including but not limited to headaches, dizziness, vomiting, nausea, shortness of breath, coughing, irritation in the respiratory tract, ulcers (both in the nose and in the throat), pulmonary edema, and coma, for instance. As mentioned above, members of the community are making an effort to organize a class action lawsuit against Waste Connection for the odors coming from the Chiquita Canyon Landfill. If you and your family are part of this community and are interested in taking legal action, we urge you to reach out to our team at your earliest convenience.

Has a local landfill become a nuisance? Have you and your family been affected by the odors coming from a local landfill? If so, you might be just one of many members of the community who have been affected by the foul odors coming from the landfill. You could have grounds to participate in a class action lawsuit. If you are interested in exploring the legal options available to you, contact us today. Our legal team is ready to fight for your rights and help get you the justice that you are owed.

Our law firm offers free legal services, including free consultations and free second opinions. During these free legal services, our lawyers will provide our clients with all the information that they need to pursue their claims. Our team will answer all your questions and address all your concerns. Even if you have already started your claim elsewhere but are unsatisfied with the way things are going with your case, our team can help you. To benefit from our free legal services, contact the experts here at our law firm today.

Our Zero-Fee Guarantee: You will never have to pay upfront legal fees to speak to our trusted lawyers. We also work on contingency, so you will not be required to pay anything unless your claim is successful. If you do not win, you will not pay! Contact us today!