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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 2982
Experience:  personal injury and medical malpractice attorney
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I use to work at and live a few block away from a creosote

Customer Question

I use to work at and live a few block away from a creosote Plant, that has since closed down. The EPA is call the site an environment problem. I did now at the the time breathing the fumes could cost cancer,
liver , kidney , and brain damage not did the job stress that. I want to know can a class action lawsuit be brought against the company with the local homeowners that live close to the plant. I read that the fumes from the plant get in the soil, water and causes damages to human and animal.
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 2 years ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client realtionship.

A class action lawsuit is a civil claim filed on behalf of a large number of plaintiffs who have all suffered similar losses as a result of the defendant's negligent or fraudulent actions. One or more members of the group of injured plaintiffs will file the class action lawsuit and serve as representatives, seeking to recover damages that will compensate every member of the group.

In order for a lawsuit to be considered a "class action" case, it must meet the following requirements:

(1) Numerosity - There should be a large enough number of similar claims to make a class action lawsuit more practical than pursuing individual cases.

(2)Typicality - The individuals who serve as representatives for the plaintiff class must have claims that are "typical" of the average plaintiff's claim.

(3)Adequacy - The class representatives should be capable of successfully representing the interests of the rest of the plaintiffs.

(4)Commonality - All of the claims involved in the lawsuit must share common issues and common legal questions.

If you and other meet these requirements then yes you can file a class action lawsuit. I would recommend an attorney or firm that is very experienced in these types of cases as they can get very complicated.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)