Have you and your family been affected by the foul smell coming from a local landfill? If so, you could have grounds to file a lawsuit. You could also be eligible to recover compensation. The odors and fumes coming from landfills can pose a health-risk and can even prevent residents from enjoying their homes. Under California law, affected residents may have grounds to file lawsuits. If you are interested in learning more about the legal options available to you, contact us today. Our landfill smell lawsuit lawyers are ready to evaluate your claim and help you understand the legal options available to you.
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California Nuisance Law
Under California Civil Code 3479, a nuisance is defined as “anything which is injurious to health…or is 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.” Based on this law, members of the community who have been affected by the smells coming from landfills could have grounds to take legal action whether they suffered symptoms associated with being exposed to the smell or they simply are not able to enjoy their property because of the smells. For more information about odor nuisance law and how it can apply to your case, contact us today.
Landfill Property Owner and Operator Liability
The owners and operators of landfills have the duty to ensure that the smells, liquids, and gases released from their property do not pose a risk to the community. In addition, these establishments must adhere to a number of regulations to ensure that the odors (which are common with landfills) do not become a public nuisance. For example, they must use gas flares, have routine investigations/reports, have the necessary monitoring, and address any complaints that come up. When the owners and operators of landfills fail to do this, they can be sued by members of the community.
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Landfill Odor Nuisance Class Action Lawsuits
Do I have the right to participate in a class action lawsuit against an owner/operator of a landfill? Yes, you could certainly have the right to do so. In fact, considering that thousands of residents can be affected by the foul smells coming from landfills, class action lawsuits are likely to arise. How do I participate in a class action lawsuit? This is an important question. The most important thing to do is to reach out to an experienced landfill smell and odor class action lawsuit lawyer. If there isn’t already a case, then the lawyer will reach out to other members of the community to create a class and take on the property owner. If there is already a case, your lawyer will be able to ensure that you are part of the class. For more information about participating in a landfill odor class action lawsuit, we recommend that you seek legal assistance with the experts here at our law firm as soon as possible.
Can I be Compensated?
Yes, you could certainly be eligible to recover compensation if you choose to take legal action for the damages suffered as a result of the smells coming from a landfill. What can I recover? What type of compensation can I receive? Well, this depends on the details of your case but can include compensation for medical costs, lost pay, pain and suffering, legal fees, etc. How much can I recover? This question is a bit more difficult to answer because the value of a claim is based on very specific details. However, class action lawsuits tend to be high-value cases often reaching settlement values ranging from $20 million to $50 million. Here at our law firm, our team is fully committed to getting our clients the maximum recovery available for their claims. If you have any questions about the potential value of your claim or even how long it could take to settle your claim (or anything else relating to the topic of compensation), contact us today.
The Situation with the Chiquita Canyon Landfill in Castaic, California
The current situation at the Chiquita Canyon Landfill is a perfect example of how affected community members can come together to take action against the owners/operators of a landfill who have no regard for the community. The operators of the landfill were ordered to do something about the odor coming from their landfill. More specifically, the South Coast Air Quality Management District (AQMD), issued an abatement order to get the operators to take action to reduce the odors coming from the property, which are impacting surrounding neighborhoods. The order came after thousands of complaints of a smell so foul that residents must keep their windows closed and must limit their outdoor activities (some complaints also included physical harm, including asthma and nose bleeds).
Both the property owner and the AQMD have confirmed that the smell is caused by dimethyl sulfide (DMS) coming from an older part of the Chiquita Canyon Landfill. The smell of DMS is often described to be similar to the smell of an onion or even worse. Exposure to DMS is associated with many physical symptoms, some of which include headaches, dizziness, nausea, vomiting, shortness of breath, coughing, irritation of the respiratory tract, ulcers in the nose and throat, pulmonary edema, and coma.
The reports of community members got the attention of the AQMD; however, some residents are looking to file a class action lawsuit against the owners and operators of the landfill – Waste Connection. Under law, all affected community members could have the right to sue.
For more information about the Chiquita Canyon Landfill case, we urge you to seek legal assistance with the experts here at our law firm as soon as possible.
Example of a Past Landfill Odor Settlement
A 2018 lawsuit resulted in a $3.5 million settlement. The lawsuit against Browning-Ferris Industries claimed that the Sunshine Canyon Landfill (in Sylmar, CA) were emitting harmful odors and pollutants into the area since 2009. According to the class action lawsuit, thousands of residents had submitted official complaints about the odors and fumes coming from the landfill. Residents claimed that they had to leave their homes to avoid the fumes and that they also had to avoid inviting guests into their homes.
File Your Claim On Time
All Claims are subject to a statute of limitations, also known as a deadline to sue. This means that if claimants fail to file their claim on time, they could lose their right to sue entirely. So, what deadline applies to your claim? What statute of limitations applies to your lawsuit? These are very important questions. In general, injury claims are subject to a two-year statute of limitations, meaning that claimants only have two years to sue. However, this only applies if the defendant is a private entity (whether it a property owner or a company). If a government entity is involved (for example, if the case includes a county-operated landfills), then a different deadline applies, as government claims are necessary. For government claims, claimants only have six months to file a claim with the relevant government agency. Then, based on whether there was a response to the claim or not, the claimant may either have another six months or two years to file a claim. For more information about the statute of limitations that applies to your claim and the time that you have to sue, contact the experts here at our law firm immediately.
Contact the Normandie Law Firm Today
If you and your family have been affected by the harsh odors coming from a nearby landfill, it is important that you seek legal assistance as soon as possible. You could have grounds to sue. In fact, you could participate in a class action lawsuit along with your neighbors and other members of the community that have been affected. If you are interested in learning more about the legal options available to you, we urge you to seek legal assistance with the experts here at our law firm as soon as possible. Our lawyers here at the Normandie Law Firm have decades of experience and are ready to go above it all to fight for your rights and get you the recovery that you are owed.
We understand that it could be difficult to find legal help, especially for those concerned about legal costs. To remain accessible to all, our firm offers free legal services, which include free consultations and free second opinions. During these legal services, our expert lawyers will be available to answer all your questions and address all your concerns. Our experts will ensue that you have all the information that you need to pursue your claim.
What if I already started my claim with another firm? If you are unsatisfied with the way that things are going with your case, you have the option to switch representation at any time. If you allow our team to take over your case, you can trust that our experts will take care of everything – from informing your previous lawyer of your decision to switch, getting your case file, and redirecting your case.
Our Zero-Fee Guarantee ensures that our clients will never have to worry about paying any upfront legal fees for any of our legal services. This means that you will not have to pay anything to speak with our lawyers. In addition, our team works on a strict contingency structure; therefore, our clients will not be required to pay legal costs unless their claims are successful. Even then, legal costs come from the settlement amount, so you will never be required to pay anything out of your own pocket.
If you are ready to speak with our landfill smell lawsuit lawyers, contact us today.
