Norfolk Southern Slammed with Class Action Cases After Ohio Train Derailment, Chemical Spill

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Norfolk Southern Railway Co. faces at least three proposed class action lawsuits in the wake of a February 3 train derailment that sparked a fire and released toxic chemicals such as vinyl chloride into the air, soil and water around East Palestine, Ohio. 

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The suits allege negligence on the part of Norfolk Southern is to blame for the derailment and resulting chemical spill, which prompted the immediate evacuation of all homes and businesses within a two-mile radius of the crash site near the Ohio/Pennsylvania border. As a result of the situation, thousands of residents in the area have suffered a decrease in the market value of their properties, the filings say. 

As of February 7, East Palestine residents were unable to return to their homes as officials worked on a controlled release of toxic chemicals from the derailed train cars, CNN reports. One case, filed on February 8, says properties near the crash area may remain uninhabitable for “an extended period of time.” By February 8, the evacuation order was lifted as an analysis of air and water samples led officials to deem the area safe, CNN reports. 

At around 9:00 p.m. on February 3, Norfolk Southern, who serves every major container port in the Eastern U.S., was operating a roughly 150-car train in or near East Palestine and heading from Illinois to Pennsylvania when one of the cars sustained a broken or malfunctioning axel, causing a catastrophic derailment. Approximately 100 train cars derailed, the case filed on February 9 says, including 10 to 20 that contained the hazardous substances butyl acrylate, benzene residue and vinyl chloride—a known carcinogen. 

Exposure to vinyl chloride can cause dizziness, balance and walking issues, fatigue, numbness, tingling in the extremities, eye and respiratory irritation and, in some cases, death, the suit relays. 

After the crash, a number of train cars caught fire and proceeded to burn for days, releasing toxic chemicals via “dense clouds of noxious smoke fumes and vapors” into the air and forcing the evacuation of thousands in the area. One lawsuit shares that it’s believed that the release of toxic chemicals into the air may also have contaminated soil and groundwater. 

“Thousands of people in and near East Palestine were forced from their homes and businesses as a result of the train derailment. Shelters were opened by local governments and hundreds of people spent the night in shelters. Others found their own accommodations outside the area. Numerous businesses were closed and highways were blocked in the area surrounding the evacuation zone.” 

Though local authorities recommended on the night of the derailment that area residents and businesses evacuate, a formal mandatory evacuation of the area was issued on Sunday, February 5, by Ohio Governor Mike DeWine and county officials, the February 9 suit says. The following day, environmental officials began a controlled release of the toxic chemicals, the complaint states.

A February 8 CNN report shares that workers used “small charges” to blow a tiny hole in five rail cars carrying vinyl chloride, which then spilled into a trench where it was “burned away.” 

The lawsuits look to cover all individuals who, on or about February 3, 2023, owned, rented and/or resided within property subject to the evacuation order in East Palestine, Ohio and/or in the surrounding areas. The cases also look to cover all businesses and/or business owners who operated or owned a business located in the aforementioned danger zone.

Two of the lawsuits additionally look to cover anyone who suffered a physical injury as a result of the chemical spill. 

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