Is the smell from Newby Island Landfill impacting the health of you and your loved ones? Are you or members of your family suffering from one or more chronic health conditions because of the unremitting stench from this landfill located at 1601 Dixon Landing Rd, Milpitas, CA 95035?
One has to expect a certain degree of smell when they are living near a landfill. However, proper management of these facilities can minimize odors from decomposing trash, excess rain, and other conditions at trash and recycling facilities. Unfortunately, Southern California landfills have a reputation for mismanagement, and the result is noxious gases and illnesses for many families that live in surrounding communities.
If you are one of the residents who is fed up with the lack of action from Republic Services, the operator of Newby Island Landfill, contact our office as soon as possible. We can talk to you about your rights and legal options, which may include a class action lawsuit for odor nuisance.
Our Recent Verdicts and Settlements
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Lawsuits Filed by Communities Living Near Landfills
Frankly, the lack of odor control by landfill operators has been a problem in Southern California for many years. Some of these landfills are managed by a city or county agency, but Newby Island Landfill is run by Republic Services Group, which is a firm that specializes in waste and recycling solutions. The company also runs Newby Island Resource Recovery Park, the world’s largest recycling center, on the same site as Newby Island Landfill.
With so much going on at one location, preventative measures and safety protocols are essential to ensuring that the air quality is within the legal limits. Unfortunately, the putrid smell from many of these facilities is making it impossible for residents to enjoy a decent quality of life.
Two communities that have had enough are now in the middle of a class action lawsuit against Chiquita Canyon Landfill. The lawsuit, which currently has over 100 members, is being filed by residents of Val Verde and Castaic, who have complained about noxious odors from the landfill for many years. It’s also a well-known fact that the facility has been cited many times by the AQMD (South Coast Air Quality Management District) for unacceptable air quality due to the release of dimethyl sulfide. This highly malodorous substance is released by decomposing garbage at a section of the landfill that was poorly managed by the previous operators.
Even if the current operators, Waste Connections, did not create the issue, they are legally responsible for controlling the odors coming from Chiquita Canyon Landfill. The smell has gotten to the point where children can no longer play outside, and even adults have to limit outdoor activities to no more than a few minutes. People also keep their windows closed all day long to prevent the smell from infiltrating the house and ruining their belongings, along with causing headaches and other illnesses.
The Chiquita Canyon class action lawsuit is proving to be an inspiration to other neighborhoods. If you are one of the many residents whose health has been impacted due to smells from a landfill, call us today to discuss the possibility of suing Newby Island Landfill.
Injuries Associated with Toxic Substances from a Landfill
While it’s not obvious at first, failure to manage odors at a landfill can lead to significant health problems for those living in the area. Poor air quality due to methane gas, DMW and other toxins can cause:
- Asthma attacks
- Fluid in the lungs (pulmonary edema)
- Nausea and vomiting
- Chronic nosebleeds
- Chronic cough
- Dizziness and headaches
- Memory and speech problems
- Blurry vision
- Coma
- Death
How to Join a Newby Island Landfill Odor Class Action Lawsuit
When a landfill operator fails in their duty of care of the public, people have the right to demand justice through the civil courts. Due to the number of people that are affected in these situations, a class action lawsuit is a common sense solution if you are interested in suing Republic Services for mismanagement of a garbage dump of recycling center.
A landfill class action lawyer at our law firm can explain how these lawsuits work and answer any questions you have about the legal process. Furthermore, they will help you find other injury victims to join your lawsuit and ensure that all the necessary paperwork is filed in a timely manner. We have decades of experience in class action claims against landfill operators, so you can count on us to fight for every penny you deserve. Simply give us a call and schedule a free case review if you are interested in suing Newby Island Landfill for medical bills, pain and suffering, and other monetary damages.
How Much Time Do I have to Sue for Odors from Newby Island Landfill?
Under California law, the statute of limitations for a landfill odor nuisance lawsuit is 2 years. Normally, the statute of limitations begins on the date of an incident, like the day you were hurt from a slip and fall. But the exact date of injury can be difficult to figure out if you have conditions that clearly developed over a long period of time.
Thus, it’s important to speak to an experienced landfill injury lawyer, who can help you determine the amount of time you have to sue Newby Island Landfill. We have a ready and willing team of legal experts who are ready to talk to you, so don’t hesitate to give us a call.
How Much can I Receive from a Newby Island Landfill Lawsuit?
Class action lawsuits for air quality violations may be worth anywhere from a few million dollars to over $100,000,000. The number of class members, along with other factors, will determine how the lawsuit will settle for. Class action claims can be filed by just 12 people, but many lawsuits against public landfills include several hundred plaintiffs. With that in mind, it’s possible to see case values of $50,000,000 to $200,000,000 for a landfill odor class action lawsuit.
Please note that class action claims are very complex legal actions compared to an average personal injury lawsuit. Our goal is to educate you on your legal options and help you decide on the best course of action, so please contact us to speak with a landfill odor nuisance class action attorney.
How Many Months Does it Take to Settle a Landfill Odor Lawsuit?
It takes around 12 to 24 months on average to settle a class action lawsuit against a landfill operator. Of course, there are cases that settle faster, but the majority of lawsuits do take at least 1 year. This is partly due to the court requirements of certifying a lawsuit as a class action, which can be quite time-consuming. But the process of negotiating a favorable settlement can take a long time as well, especially when so many people are entitled to compensation.
There are cases that take 3 or more years to settle, due to the fact that a trial is necessary to bring justice to the plaintiffs. It should be noted that less than 5% of landfill odor lawsuits are tried before a judge and jury. But in the event your case is taken to court, it can take up to several years before you receive payment through a jury verdict.
Speak to a Landfill Odor Violations Lawyer
Odor nuisance complaints by Southern California residents have hit an all-time high in the last few years, and air quality violations by landfill operators can no longer be tolerated. Those who are unable to open their windows or be outdoors for more than a few minutes deserve justice for the harm they’ve suffered.
The Newby Island Landfill class action lawyers of Normandie are ready to fight for you and the compensation you deserve. We have a policy known as the Zero Fee Guarantee, where clients pay nothing out of pocket to hire us. All of our expenses are paid by Republic Services as long as we win your lawsuit. Otherwise, we eat the costs, and you are billed $0 in legal fees.
A landfill odor injury lawsuit attorney is waiting to speak with you, so contact us today and schedule a free case evaluation.
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