Environmental concerns aside, chemical pollution can have significant ramifications for homeowners whose property happens to sit near contaminated soil or water sources. Chemical pollution not only raises health concerns, but significantly lowers the value of property; as a result, homeowners will have a much harder time in the housing market. This is precisely the argument made by 38 homeowners owning homes in Chicago, who have targeted three chemical manufacturers with suits alleging negligence, trespass, and nuisance. The manufacturers have in turn filed a motion to dismiss, claiming they had no legal duty to the homeowners.
The claimants suggest that an airborne release of chemicals sunk into soil in the neighborhood and thus contaminated their yards. As a result of this contamination, the homeowners claim they have not been able to sell their homes and have suffered emotional distress. In response, the manufacturers claim that no legal duty exists between themselves and the homeowners. Moreover, they claim that the homeowners have had notice of the contamination since 2009. Lastly, the defendant manufacturers claim that in order to sustain a trespass claim, the plaintiffs must possess the land during the trespass, which was reportedly not the case here.
Despite the ongoing cleanup efforts, plaintiffs claim that property values have been reduced beyond repair, and are seeking $75,000 in compensatory damages, as well as punitive damages and damages for emotional distress.
If you or a loved one has been subject to unlawful trespass of your private property, you may be entitled to monetary damages. To discuss your potential claim, act now and contact one of our negligence injury lawyer specialists here at Law Offices of Gilbert R. Hoy, Jr. and Affiliates . Call us today at 617-787-3700 or email us at info@gilhoylaw.com for your free and private consultation. Your needs are our top priority!
