Lawsuit for Livestock Damage due to Moss Landing Fire
Was your livestock affected as a result of the fire at the Moss Landing power plant? If so, you could have grounds to file a lawsuit. You could also be entitled to receive compensation. For more information about the legal options available to you, contact us today. Our expert legal team at the Downtown L.A. Law group is committed to fighting for your rights and helping you recover what you are owed. Our firm is already representing those affected by the fire. We anticipate additional lawsuits on the matter.
Initial Reports Surrounding the Fire: the fire started on late Thursday, January 16, 2025, at one of the largest battery storage facilities in the world. The fire was originally reported to affect the Moss Landing Community and the Elkhorn Slough area in northern Monterey County. Thousands of people were evacuated from their homes, roads were closed (specifically Highway 1), schools were closed, businesses were closed – and many other aspects of residents’ daily lives were interrupted by the flames and plumes of hazardous black smoke. The fire was reported at approximately 3pm at the battery plant, located on Cabrillo Highway in Moss Landing, California. The fire was reported by personnel at the 300-megawatt Phase I energy storage facility; all personnel at the facility were evacuated. Fire crews that responded to the scene did not engage with the fire and waited for the fire to burn on its own.
What We Know Now: Because of the nature of the fire, the high risk of explosions, and the toxicity of emissions, responding firefighters did not directly engage with the flames; the fire was allowed to burn itself out over several days. The fire, now referred to as the Vistra Fire, affected 50,000 to 100,000 people in the area, according to a recent lawsuit filed. Further, a local state of emergency was declared and about 1,500 residents were evacuated. Roads and schools were closed, and both commerce and agriculture were affected. According to the lawsuit, which names four plaintiffs (all affected residents) and Moss Landing Power Company, Vistra Corp, and their associates as defendants, “a plume of toxic smoke and particulate matter emanating from the fire spread across Monterey County and beyond, depositing ash, soot and other substances containing heavy metals on the surrounding communities, farms and public and natural spaces.” In addition, environmental sampling, including soil and air, showed elevated levels of contaminants.
$2,287,495
$1.93 Million
$54 Million
$22 Million
$600,000
$965,000
$1,900,000
$1,975,000
Without a doubt, fires involving lithium-ion batteries are very dangerous because of the chemicals released into the environment. The Vistra Fire burned for many days, affecting the surrounding communities in more ways than one.
Different samples have shown elevated levels of the following:
- Toxic metals in soils a mile from the fire measuring at 100 to 1,000 times higher than normal
- Significant amounts of smoke, PM, toxic gases (including CO, HF, and other hazardous compounds) resulting from the lithium-ion fire
- Unusually high concentrations of heavy-metal nanoparticles in marsh soils in a nearby nature reserve, including Nickel, Manganese, and Cobalt (these are expected to move through the environment and the food web, potentially affecting different ecosystems)
- Elevated levels of Aluminum, Cobalt, Copper, Lead, Lithium, Manganese, and Nickel were found over a week after the fire and up to 7.5 miles from the fire
Without a doubt, these high levels of toxins can pose a significant health risk to any living thing – including livestock.
Lithium Toxicity in Cattle – in 1980, there was a study on the toxicity of lithium in cattle. The study reported on the accidental exposure of beef cattle to 5% lithium oil. A total of 18 cattle became sick or died as a result of the exposure. The cattle suffered depression, diarrhea, and ataxia. Following this accidental exposure, there was a subsequent study in which 18 cattle were exposed to a single oral dose of up to 700mg/kg body weight of lithium chloride. In cattle receiving 250mg dosage, symptoms were mild. Doses of 500mg and 700mg were toxic and, ultimately, fatal. Sings included salivation, depression, diarrhea, anorexia, and more.
Lithium Exposure in Other Livestock – Besides cattle (or cows), other examples of livestock include horses, sheep, goats, pigs, turkeys, and chickens. Of course, if cows are affected by the toxic chemicals released during a lithium-ion fire, livestock that are smaller can definitely be affected. Contaminants could result in livestock presenting alarming and life-threatening symptoms. High levels of contaminants can cause livestock to die. In addition, contaminants from lithium-ion fires could result in contaminated soil, water, etc. meaning that affected properties may not be able to sustain livestock.
According to the lawsuit that has already been filed, the “toxic chemical plume” caused by the fire “had a catastrophic effect on communities surrounding the facility, disrupting life and business.”
Can I File a Lawsuit for Losses to Livestock?Yes – you could have grounds to file a lawsuit. You could file a claim for damage to livestock resulting from a negligent action if a property owner’s livestock were injured or killed. For more information about the legal options available to you and your right to file a lawsuit, please do not hesitate to reach out to our law firm as soon as possible. Our experts here at the Downtown L.A. Law Group are ready to evaluate your situation and help you pursue your claim.
Can I Participate in a Class Action Lawsuit? – Yes, you could have grounds to participate in a class action lawsuit. Multiple residents have already come together to file a class action lawsuit on this matter. Additional class action and mass torts claims are likely. For more information about your right to file or participate in a class action lawsuit, contact us today.
Yes, you could be entitled to receive compensation. More specifically, you could have grounds to pursue compensation for the economic damages incurred due to the loss of livestock. This is usually based the market value of the livestock plus any additional costs, like veterinary case, cost of medications, etc. If the property owner depended on the livestock for income, claims could also result in the recovery of lost income (including loss of future income). In cases of gross negligence, claimants could also be awarded punitive damages.
To ensure that you have a thorough understanding of the recovery that you could be entitled to receive if your claim is successful, contact us today. Our team is ready to fight for your right to recover the highest payout available for your claim.
Contact the Downtown L.A. Law Group TodayIf your property is in the area affected by the lithium-ion fire at the Moss Landing battery plant, it is important that you seek legal assistance as soon as possible. Our lithium-ion battery plant fire attorneys are more than ready to provide you with the guidance that you need to fight for your rights and secure justice. Our team has decades of experience and is ready to take care of your livestock damage lawsuit.
Free Case Evaluations: our firm offers free case reviews, which include free consultations and free second opinions. Whether you are looking to start your case or redirect your case after starting it with another firm, you can be certain that our lawyers will be available to answer your questions, address your concerns, and provide you with all the information that you need to either begin or continue your lithium ion livestock damage lawsuit. To schedule a free case review, contact us today.
Zero-Fee Guarantee: you will never be required to pay any upfront legal costs for any of our legal services. In addition, our firm works on contingency, meaning that our clients will not be responsible for paying anything at all if their claims are not successful. That is, if you do not win, you will not have to worry about paying any legal costs.
Contact us today to learn more about the legal options available to you for the damage to your livestock due to the fire at the Moss Landing battery plant.
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