Environmental and Toxic Torts
Actual or perceived risks and hazards associated with environmental conditions are an unfortunate byproduct of our industrial and technical society. Whether validated or not by rigorous scientific and/or technical analysis and peer review, these claims carry substantial physical, mental, emotional and economic impacts on all parties involved in these disputes. Tarkington, O’Neill, Barrack & Chong has extensive and detailed experience handling environmental and toxic tort claims for clients ranging from small property owners and sole proprietorships to major international corporations.
Representative claims handled by the Firm include:
- Defense of product distributors, property owners and contractors in personal injury claims arising from alleged exposure to asbestos
- Defense of product manufacturer in di-ethylstilbestrol (DES) litigation
- Defense of property owner in “sick building” claim
- Defense of building contractors and/or property owners against mold claims
- Representation of property owner in dispute with long term tenant in action for environmental contamination of property including regulatory oversight issues
- Defense of property owners in wide spread Selenium contamination matter
In addition to representation of our clients in the above matters, we have assisted our clients with reporting and remediation activities under state and local supervision under CERCLA, RCRA and other state and local agency rules, regulations and requirements. The Firm has represented landowners and contractors faced with both liability claims and enforcement actions.
Our full representation of clients in environmental and toxic tort claims may also call for investigation, review, analysis and action relating to insurance policies and other sources of funding for remediation activities and defense of litigation. Our insurance practice attorneys have achieved marked success in obtaining contribution and participation in environmental and toxic tort matters from a variety of sources spanning to decades preceding discovery of the loss.
Both personal injury claims and property damage claims require prompt action to investigate the extent, source and nature of any contamination and/or hazardous conditions which may impact ultimate liability. In some cases, the source of exposure may extend decades into the past and require prompt and thorough action to ensure that the client is protected against potential liability to the fullest extent possible. The Firm has many resources available to augment its expertise and experience to resolve potential claims and conditions for its clients.