Kentucky Residents File Lawsuit Against CSX Over Thanksgiving Train Derailment and Chemical Spill (Claims Journal)

Kentucky Residents File Lawsuit Against CSX Over Thanksgiving Train Derailment and Chemical Spill

Friday, December 15th, 2023 Catastrophe Legislation & Regulation Liability Property

A group of Kentucky residents has initiated a class action lawsuit against railroad operator CSX, following a train derailment on November 22, just before Thanksgiving, in eastern Kentucky. The incident involved 16 rail cars, two of which spilled molten sulfur near the small town of Livingston. The lawsuit alleges that CSX’s negligence and failure to comply with federal train regulations led to the derailment. Specifically, it claims that better maintenance, particularly of train wheel bearings, could have prevented the crash.

The plaintiffs, potentially including residents near the crash site and others in the area, reported that the chemical spill and subsequent fires released harmful smoke, causing physical irritations. They seek compensation for various damages, including out-of-pocket expenses, emotional distress, property value loss, and potential future health issues.

The environmental impact of the spill is significant, with sulfur dioxide exposure known to cause respiratory problems, particularly in asthma sufferers. The incident prompted Kentucky Governor Andy Beshear to declare a state of emergency, and some residents were evacuated to a local school for safety. CSX has since reported that the derailed cars have been removed and the site is being restored, but they have not yet commented on the lawsuit.


External References & Further Reading
https://www.claimsjournal.com/news/southeast/2023/12/15/321003.htm
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