Articles Posted in Exposure to Toxic Substances

According to a recent article, on December 5, 2024, a tanker truck crash on Interstate 295 in Gardiner, Maine, created a hazardous and disruptive situation. The accident involved a tanker carrying approximately 9,000 gallons of foul-smelling liquid waste, also known as “dirty water,” from a landfill. The tanker collided with a truck hauling a traffic director trailer in a construction zone, resulting in a spill that covered the highway with hazardous materials. The Maine Department of Environmental Protection was called to manage the cleanup, and the tanker driver faced citations for failing to maintain control of their vehicle and for not yielding to a highway maintenance vehicle.

The Dangers of Toxic Spills

Toxic spills following tanker truck collisions present a significant risk to public health, the environment, and motorists. In addition to immediate hazards such as slippery road conditions and exposure to harmful substances, these incidents can cause long-term environmental damage and economic losses due to prolonged cleanup efforts.

According to a recent article, a significant spill of firefighting foam occurred in Brunswick where 1,450 gallons of foam concentrate mixed with 50,000 gallons of water. This event, which took place on August 19 in Hangar 4 of the former Navy base, represents the largest recorded discharge of the foam in Maine’s history. The foam contains harmful chemicals known as PFAS (per- and polyfluoroalkyl substances), which are associated with health risks, including cancer.

Following the spill, the Maine Center for Disease Control and Prevention advised the public to avoid or limit consumption of freshwater fish from four nearby bodies of water. Remediation efforts are underway, with foam being removed from four retention ponds and affected aircraft undergoing a final cleaning. PFAS, often referred to as “forever chemicals” due to their persistence in the environment, are found in various products, including firefighting foam. The Environmental Protection Agency has recently proposed new limits on PFAS in drinking water to address the health concerns associated with these chemicals.

What Are Toxic Torts?

Hazardous waste poses significant risks to human health, the environment, and communities. As a personal injury law firm dedicated to protecting the rights of individuals in Maine, we understand the severe consequences that can result from hazardous waste incidents. 

According to a recent article, a freight train carrying hazardous materials derailed in Sandwich Academy Grant Township in Somerset County, raising concerns about railway safety and the transportation of dangerous substances. The derailment serves as a reminder of the potential dangers associated with the mishandling or release of hazardous waste and highlights the importance of implementing robust safety measures and adhering to regulations to prevent accidents and protect communities from the harmful effects of such incidents.

The Hazards of Hazardous Waste:

Hazardous waste poses significant risks to both human health and the environment. It can contain toxic substances, flammable materials, corrosive chemicals, or other dangerous components that can cause serious harm if released or mishandled. The recent freight train derailment highlights the potential magnitude of these hazards and underscores the need for stringent safety measures to protect communities from the harmful effects of such incidents.

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The Maine Supreme Court recently handed down an important decision in an asbestos lawsuit that may have an impact on future toxic tort cases in Maine. 

In Grant v. Foster Wheeler et. al., the court affirmed a lower court’s grant of summary judgment for numerous defendants accused of liability to plaintiff for decedent’s alleged exposure to asbestos at a shipyard. Decedent died of asbestos-related lung disease in 2011, and his wife, as representative of his estate, filed a lawsuit against defendants–makers of asbestos-laden products–for negligence, failure to warn, distribution of unreasonably dangerous goods, and loss of consortium.

Asbestos litigation has become prevalent across the country, as those who were exposed to the substance decades ago have only recently emerged with diagnoses of the resulting, latent diseases. However, it’s been years since the Maine high court has issued any kind of clarification on the question of causation in these notoriously complex cases, all of which stem from circumstances that occurred decades ago. That can make proving causation a problematic issue. That was also true in Grant, but at least now asbestos injury lawyers have some clearer direction about the evidence needed to prevail in future cases. Continue reading

The father of a 21-month-old boy says their child died in a Portland hospital after falling ill a week after a visit to the Oxford County Fair. The child was diagnosed with Hemolytic Uremic Syndrome, which is a disease born of E. coli, a bacteria that’s typically found in the intestines of both humans and animals.

After learning of another toddler who is in critical condition with the same condition after visiting the same petting zoo, the deceased boy’s father said he is convinced his child picked up the illness at the petting zoo. He told the Boston Globe he and the other family compared notes on everything they ate, places they went, cleanliness practices. He said the two children didn’t know each other and had never met.

“But we both went to the petting zoo,” he told a reporter.

The other child, 17 months, remains hospitalized. Continue reading

When three young children and their parents were exposed to toxic lead in their rented Maine home, they sought compensation through the courts.

After being denied a jury trial on some of the negligence complaints raised, the family lost the remaining claims at trial.

But now, the Maine Supreme Court has found clear errors in the way the trial court handed the case, ruling that the burden of proof was unfairly shifted to the plaintiffs. The victims will now have the opportunity to seek a new trial in the case of Bratton v. McDonough.

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