Pennsylvania Personal Injury Blog

A news story on the latimes.com website reported that the California attorney general’s office has settled a toxic tort lawsuit with Toys R Us, Kmart, and Target. They were found to be guilty of selling toys with high levels of lead, exposure to which can be dangerous especially in young children whose nervous systems are developing.

The attorney general’s office and the Los Angeles city attorney filed a lawsuit against the three retailers, along with Mattel Inc. when it was discovered that they were selling or making toys with excessive amounts of lead paint.

The contaminated toys broke federal toy safety standards and California law Proposition 65, that deals with toxic substances, prompting a wave of recalls.

The California State deputy attorney said, “Our enforcement action will serve as a reminder to companies that they have a responsibility to make sure that children aren’t exposed to harmful chemicals from their toys.

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The Ford Motor Co. has settled a lawsuit filed by residents of a northern New Jersey town over toxic waste dumped there nearly 40 years ago. According to an article, the settlement was announced in state Superior Court. The residents of Ringwood, about 25 miles northeast of New York City, will receive about $10 million.

An attorney for the Plaintiffs alleged that they had been injured by exposure to toxic chemicals at the Ringwood landfill site. After more than three years of litigation, the parties have entered into a settlement that will resolve all the claims in the litigation.

Under terms of the settlement, Ford and two other defendants, URS Corp. and Arrow Group Industries, admitted no liability for the residents’ claims of health problems caused by the waste.

The article stated that during the 1960s and 1970s, contractors hired by Ford dumped thousands of tons of paint sludge and heavy metals from a car manufacturing plant in nearby Mahwah into landfills, open pits and an abandoned mine that dates back to the 18th century.
The Ringwood site was placed on the federal Superfund list, a ranking of the country’s worst environmental dump sites, in 1983.

Large amounts of hardened paint sludge and other waste were discovered. A joint federal-state report released that year found the site contained potentially unsafe levels of metals and chemicals.

Residents blamed the toxins for serious illnesses including certain cancers and skin diseases, and about 700 of them joined a lawsuit in 2006.

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According to this article in the Delaware County Times, officials in Ocean City, MD said three people were hospitalized after high levels of carbon monoxide were found at the Americana Hotel on the boardwalk.

No carbon monoxide detectors had been installed in the building, even though the law in Ocean City requires them.

The hotel was evacuated the morning of August 11 and three people with symptoms of possible carbon monoxide poisoning are being observed at a local hospital. Tests found relatively high levels of carbon monoxide on the seven-story building’s three highest floors.

The source of the leak is still under investigation. A fire department spokesman said that the hotel had no carbon monoxide detectors.

Carbon monoxide poisoning is a serious and potentially life threatening condition and can lead to life-long health problems. Symptoms are often mistaken for other problems, such as nausea, flu-like symptoms, and lightheadedness.

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Pennsylvania environmental officials have announced a $34,187 fine against a chemical company for a toxic leak that caused an acid cloud and forced hundreds of Butler County residents to be evacuated. According to this news report, Indspec Chemical Corp. has already been hit with a $121,500 in fines for federal workplace safety violations after an October 11, 2008 leak in its Petrolia plant. About 3,300 pounds of oleum leaked when a transfer tank overflowed. The type of sulfuric acid cloud that formed over the area as a result of the leak could have caused respiratory damage and skin burns, officials said. But so far, no workplace injuries have been reported as a result of this leak.

When it comes to Pennsylvania manufacturing plants, it is up to manufacturing companies to maintain a safe environment not only for their employees, but also for the area residents and neighbors. In this case, the company did not do its due diligence in making sure proper safety procedures were followed and their workers were properly trained to do their jobs. It is indeed fortunate that no one – neighbors or employees – suffered serious personal injuries as a result of this toxic leak in Pennsylvania.

If you have suffered toxic exposure as a result of such negligence or if you have suffered a workplace accident because your employer failed to maintain a safe environment, you are entitled to compensation. Please contact a skilled Pennsylvania workers compensation lawyer, who has experience successfully handling workers compensation claims and cases involving on-the-job injuries. At Cherry, Fieger & Marciano, we have the skill, the knowledge and access to experts who can strengthen your case and make sure you receive fair compensation for the injuries and loss you have suffered. Call us today for a free consultation.

An explosion at the Sunoco refinery plant in Marcus Hook, Pa. that resulted in a fire that raged for almost 24 hours has been put out, officials said Tuesday, May 19th. Sunoco officials also said that they did not have a cause for the chemical fire in Pennsylvania, and were not certain when operations would return to normal. Thankfully, no one was hurt in the explosion or subsequent fire.

The explosion occurred around 10:15 AM on Sunday, May 17th and is said to have originated in the storage tanks of the ethylene unit. Ethylene is a common organic chemical produced from butane and often used to make other chemicals such as polyethylene, polypropylene, and ethylene glycol, otherwise known as antifreeze. Ethylene oxide is a carcinogenic compound that can cause cancer in high doses.

After the fire settled down, citizens in the surrounding area began to fear that the toxic chemicals that exploded might start to rain down on them. Local authorities and Sonoco Inc. claim that Ethylene Oxide is practically harmless to humans once it is burned off, which they say occurred in the explosion.

Explosions and fires at refineries and industrial plants can be especially dangerous, not only to the employee’s of the plant, but also to the surrounding community who may be at risk of being exposed to dangerous chemicals in unstable states. When these plants erupt in flames, the effect on the gasses and liquids contained in the storage areas of the plant can be especially unpredictable and dangerous. These accidents are so common in our country that a whole area of law has been created to deal with them: Toxic Torts.

A toxic tort, by definition, is a legal suit brought against an individual or company for their inattention that leads to exposure of a dangerous contaminant to others who in turn suffer physical injury.

Recently, partners Kevin Marciano & Dave Cherry earned a $1 Million settlement against Sunoco Inc. for their client Joseph J. Hughes. Mr. Hughes was exposed to steam that had been contaminated with hundreds of hydrocarbons. As a result of the exposure, Hughes continues to have noticeable tremors, speech problems and brain damage as well other serious and permanent injuries.

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