California Neighborhood’s Toxic Tort Lawsuit Against Shell Oil Could Reach Settlement

A California state court judge could approve a settlement in a toxic tort lawsuit against Shell Oil involving a Southern California neighborhood called Carousel.

Five years ago, residents of Carousel – a neighborhood located 17 miles south of downtown Los Angeles – sued both Shell Oil and real estate developer Barclay Hollander. The toxic tort lawsuit claimed that the multinational oil corporation knew  in the 1960’s that family homes would be built over three underground tanks containing oil sludge and other toxic chemicals when it transferred the property to a real estate developer. The toxic tort claim further asserts that Barclay Hollander knew about the dangerous chemicals underneath the property.

Shell discovered that oil and toxic, carcinogenic chemicals had leaked into the soil underneath the Carousel neighborhood in 2009. A total of 1,491 people reside in Carousel. The oil sludge is so thick and toxic in the neighborhood now that parents warn their children not to play on the grass outside. Other toxic chemicals like methane and benzene have been found in the soil as well – chemicals linked to cancers like lymphoma and melanoma.

Although Superior Court Judge William F. Highberger has not approved a settlement yet, he did examine Shell’s motion for a good-faith determination of the settlement. However, he must also examine Barclay Hollander’s claim that the real estate developer “will be left holding the bag” if the settlement between the plaintiffs and Shell goes through.

The proposed toxic tort lawsuit settlement with Shell includes allocations for economic and noneconomic property damages, as well as personal injury damages. However, the fine print remains unclear. Many plaintiffs are happy with the proposed offer, but some want Shell to purchase their homes so they can move to cleaner, safer neighborhoods. So far, Shell has only agreed to pay the difference between sale price and market price for the homes, if the homeowners must sell for less in order to leave.

Shell has also entered an agreement with the California water quality control board to spend $140 million to clean up the neighborhood, which stretches for 50 acres. Shell has already spent $40 million on cleaning up Carousel.

Toxic Tort Lawsuits in South Carolina and Georgia

A toxic tort involves the exposure of individuals, often in large numbers, to harmful chemical or biological substances. When this exposure results in serious injuries or health problems and you can show that those problems were caused by the negligence or carelessness of others, the law says that those who are injured or suffered the loss of a loved one due to wrongful death are entitled to compensation.

Toxic tort cases can be challenging. There are often multiple parties at fault and any legal claim must consider all avenues of potential liability making it extremely important to select a toxic tort law firm with experience necessary to successfully pursue a claim.

Exposure to toxic substances is particularly harmful for industrial workers who may have been exposed to high levels of toxins over a long period of time. Exposure to toxic substances is also particularly harmful to children because they are generally more sensitive to toxic agents and have a greater likelihood of exposure as a result of play habits and behavior patterns.

The Strom Law Firm Can Help with Toxic Torts for Individuals and Workers

The toxic tort attorneys at The Strom Law Firm, LLC are here to help you obtain the compensation that you deserve.  Contact us today for a no-cost consultation to discuss the facts of your case and the possible avenues of recovery. 803.252.4800