Landfill Smell and Odors Class Action Lawsuit Lawyers
There are odors that can be considered relatively normal. For example, gas stations may smell like gasoline when you stop to pump gas. Meat packaging plants are also associated with a very specific smell that usually causes drivers familiar with the area to put up their windows and turn on their A.C. for a few blocks. The same applies to landfills. Of course, landfills are expected to smell like trash. However, the smell coming from landfills must not be a nuisance to the public (to the surrounding communities).
Unfortunately, the owners and operators of landfills often disregard the smells coming from their property. Even after receiving thousands of complaints from the community, they fail to take action to remedy the situation. This results in community members not being able to enjoy their property, like simple things such as sitting out on their porch, letting kids play in their yards, taking walks around the neighborhood, or even being inside their homes. Of course, some might even suffer physical harm after being exposed to the odors/fumes coming from landfills for an extended length of time (which is to be expected from residents).
If you and your family have been affected by the odors coming from a local landfill, it is important that you seek legal assistance as soon as possible. You could have grounds to file a lawsuit. More specifically, you could be eligible to participate in a class action lawsuit. For more information about your right to sue and potentially recover compensation, contact the experts here at the Downtown L.A. Law Group today.
Here at our law firm, our team is experienced and is ready to provide you with the guidance that you need to fight for your rights and pursue your claim. If you are ready to explore the legal options available to you, contact the experts here at the Downtown L.A. Law Group at your earliest convenience. Our experts are ready to provide you with the guidance that you need to get you justice.
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Odor Nuisance Laws in California
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.
Understanding Landfill Property Owner/Operator Liability for Odors
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.
Landfill Smell and Odor Class Actions Lawsuits
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.
Can I Recover Compensation for a Landfill Odor Lawsuit?
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.
$3.5 Million Settlement in 2018
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.
Current Example – The Chiquita Canyon Landfill in Castaic, CA
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.
Contact the Downtown L.A. Law Group Today
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.
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