Toxic Train Spill Lawsuit

A toxic train spill occurs when hazardous materials are released into the environment due to derailment, collision or equipment failure. Freight trains often carry industrial chemicals like:

• Butyl acrylate: used in adhesives and paints
• Benzene: linked to leukemia and other cancers
• Chlorine: a respiratory irritant and water treatment chemical
• Vinyl chloride: a known carcinogen used in plastics

When these chemicals leak, they can contaminate the air, soil and water, triggering mass evacuations and posing severe health risks and property damage. The U.S. Department of Transportation classifies many of these substances as hazardous materials requiring special handling during rail transport.

Lawsuits filed after chemical spills from train derailments typically focus on negligence, regulatory violations and corporate misconduct. These cases may name:

• Rail companies responsible for poor maintenance or unsafe operations
• Chemical manufacturers that failed to disclose risks or implement proper protocols
• Contractors or third parties involved in loading, inspection or maintenance

Common allegations include:

• Negligent operation for excessive speed, outdated braking systems or ignored warnings
• Improper maintenance of faulty tracks, worn railcars or unfit tankers
• Delayed community warning in failing to alert or evacuate nearby residents in time
• Regulatory violations for breaching federal rail safety rules or hazardous material guidelines
• Corporate negligence by mislabeling or misclassifying chemicals to avoid stricter transport rules

In some cases, class action lawsuits are filed on behalf of large groups of residents or workers.

You may be eligible to file a toxic train spill lawsuit if you:

• Live near the derailment site and you, your family, your pets or your livestock were exposed to chemical fumes, smoke or water contamination
• Suffered property damage or loss of property value due to contamination (homes, cars, other owned assets)
• Own a business affected by evacuation orders or area closures
• Worked in cleanup or emergency response and experienced toxic exposure
• Experienced health issues linked to inhalation or contact with spilled chemicals

Toxic exposure claims may be filed individually or as part of a consolidated mass tort. Some are pursued as class actions, particularly when the affected community shares common injuries or property losses.

Several major derailments in recent years have resulted in toxic chemical spills, large-scale evacuations and train accident lawsuits against railroads and chemical companies.

East Palestine, Ohio (Norfolk Southern, 2023)

In February 2023, a Norfolk Southern train carrying vinyl chloride and other chemicals derailed and ignited in East Palestine, Ohio. The crash led to controlled chemical burns, widespread air and soil contamination and mass evacuations. Lawsuits allege the railroad failed to maintain equipment and ignored early warnings. Studies have already identified inorganic pollutants in water and soil that could have long-term environmental and health consequences. Motley Rice attorney Vin Greene serves as a member of the Plaintiffs’ Executive Committee for victims who lived or worked near the crash site.

Graniteville, South Carolina (Norfolk Southern, 2005)

In January 2005, another Norfolk Southern train struck a parked locomotive in Graniteville, South Carolina, releasing chlorine gas into the surrounding area. The incident killed nine people and led to over 5,000 evacuations. Multiple lawsuits were filed alleging railroad negligence, including a proposed class action that reached a settlement in 2009. Several Motley Rice attorneys were involved in this litigation.

Victims of train chemical spills may be eligible to seek compensation for a range of damages, including:

• Medical expenses for treatment of chemical inhalation, respiratory issues, skin burns or long-term health effects like cancer
• Property damage for cleanup costs, repair bills or diminished property value
• Lost income from closed businesses or missed work due to evacuation
• Pain and suffering to compensate for emotional distress, anxiety or trauma

In cases of gross negligence or reckless disregard for public safety, a jury may award plaintiffs punitive damages. However, these are rare. The type and amount of compensation available will depend on the facts of each case. This includes the nature of the chemical exposure, the extent of physical and economic harm and who is legally responsible. In the most serious cases involving fatalities, wrongful death claims may also be filed by surviving family members.

Motley Rice has decades of experience representing communities harmed by toxic environmental exposure, including litigation related to asbestos, water contamination and chemical disasters.

Our attorneys understand the complex intersection of federal rail regulations, tort law and corporate liability. We work closely with environmental experts, medical professionals and regulatory bodies to build strong cases for affected individuals and communities.

Read more on our toxic exposure litigation experience.