Posted on Thu, May 16, 2013 @ 03:07 PM
On May 12, 2013 at 8:20 a.m., an explosion went off inside Black Powder, Inc., a gunpowder plant located on County Road 3455 in Clarksville, Arkansas. The explosion was intense enough to cause significant damage, but not level the building. Curious Clarksville residents, police, and firefighters responded to the scene. Fires that ignited both before or after the explosion were extinguished at 10:30 a.m., according to respondents. Agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives are conducting an investigation.
As reported by gunpowder plant owner Jerry Dean, only one worker from the Johnson County plant was present during the accident. The unnamed man suffered severe burns and was airlifted to the University of Arkansas for Sciences Medical Center in Little Rock. According to the Johnson County Sheriff's Office, the worker was expected to be transferred to the burn unit at a local hospital later that day.
This incident, as well as the West, Texas fertilizer plant that exploded earlier this year and killed 15 people, serve as tragic reminders that safety standards are not always properly enforced. According the Bureau of Labor Statistics, 143 fatalities and hundreds of severe injuries resulted from workplace fires and explosions in 2011.
Many victims of workplace accidents turn to worker’s comp or Social Security Disability Insurance benefits; in many instances, however, these means are simply not enough to counterbalance the toll their injuries have taken in the form of missed work, hospital bills, pain & suffering, and other damages. Sometimes, in fact, it is not the fault of the employer at all. Other entities are often responsible for workplace accidents and on-the-job injuries. In such cases, compensation beyond workers' compensation may be available. Cases in which a party other than your employer might be held accountable for your workplace injuries include:
- When safety equipment and/or industrial machinery is defective, in which case the manufacturer would be liable.
- On-the-job auto accidents.
- Common construction site accidents, such as falls, injuries from debris, or those caused by ladders or scaffolding.
If you are an Arkansan that has found themselves the victim of a workplace accident, unsure of the proper course of action, you can contact the Arkansas Injury Attorney Group to get the information you need and the compensation you deserve.
Posted on Wed, May 15, 2013 @ 01:17 PM
The DePuy ASR XL Acetabular system was touted as one of the new generation of hip replacements when it was introduced nearly a decade ago. However, recipients of the device soon began to experience complications, leading in some cases to the need for corrective surgery. Residents of Arkansas who have received the device and are experiencing health problems as a result should consider consulting with an attorney for the purpose of obtaining monetary compensation.
Employing all-metal components, the ASR offered the promise of reduced wear and increased longevity when it was approved for use by the U.S. Food and Drug Administration (FDA) in 2005. Its approval was done in a manner that did not require it to undergo clinical trials, and according to one press report, the device was marketed without adequate research and testing. The FDA has received more than 300 complaints concerning the ASR since 2008. The trouble is reportedly related to the production of metal debris that occurs during normal wear, and which can have adverse effects on the surrounding tissue.
Some of the patients developed aseptic lymphocyte-dominated vasculitis-associated lesions, which are related to the presence of metal particles and ions, and pseudotumors, which are enlargements in the tissue that resemble actual tumors and may also be caused by metal particulates.
Early research pointed to a failure rate of more than 10 percent, with these patients requiring surgery to replace the implant. A subsequent study indicated that as many as 20 percent of the recipients of the ASR would need corrective surgery no more than four years after the original implantation, and nearly half would requiry surgery after six years. Patients who did not have surgery may still have experienced symptoms, including pain.
Corrective surgery and other forms of medical treatment can be expensive, and anyone requiring such care is entitled to compensation to help cover those costs. Compensation is also needed to deal with other expenses and the physical pain and mental anguish related to the failure of the hip device. Legal action against DePuy, which is a division of the company Johnson & Johnson, has been initiated in accordance with product liability laws. The first in a series of lawsuits ended with the plaintiff being awarded more than $8 million in damages by a court in California.
Two years of complaints prompted a recall of the ASR in the U.S. in March 2010, three months after the same action was initiated in Australia. The same month as the American recall, a letter was released by the manufacturer that contained information showing a higher rate of failure in its product than in traditional implants. Research further showed that the risk of failure was higher in patients of small stature, and who are for that reason more likely to be women and individuals with weak bones. Another study published in England suggested that all-metal devices were in general no more effective than traditional implants and could be more susceptible to failure.
Prior to the recall, DePuy announced that it would discontinue producing the ASR. However, this action came too late to satisfy some medical authorities, especially when considering that by that time more than 90,000 patients had received the device throughout the world. About a third of those implantations have been carried out in the U.S.
The victims of such defective products as the ASR and who live in Arkansas are entitled to compensation for the hardships inflicted upon them. Compensation can be sought with the assistance of an experienced personal injury attorney, one who can be the best advocate for anyone seeking justice in any product liability case. Such an attorney can be found by
contacting the Arkansas Injury Attorney Group today.
Posted on Tue, May 14, 2013 @ 10:23 AM
On May 7 and 9, 2013, representatives from Exxon Mobil Pipeline Company discussed the details of a compensation package offered by the company on May 4, 2013. Titled the “Property Purchase and Price Protection Program” (Exxon’s summary of which can be found here), the compensation package seeks to pay Northwood residents for the depreciation of their property values regardless of whether the residents choose to stay in their homes or sell their homes and move from the neighborhood. Compensation is also offered for landlords and tenants affected by the March 29, 2013 Pegasus Pipeline rupture, and no release of claims is required for residents who choose to participate in the program. The program is to be administered by a company called Community Interaction Consulting, Inc. (CIC), and Exxon claims that any communication with CIC will remain confidential.
At the meetings with the Northwoods residents on May 7 and 9, Exxon went over the details of the program and answered questions from residents. At the May 7 meeting, representatives from the federal EPA, as well as the state Department of Environmental Quality and Department of Health were present to give reports on air and water testing. Exxon also provided a detailed report on clean-up efforts and planned remediation work to take place following the completion of cleanup efforts. Also at the May 7 meeting, which was limited to the 22 Northwoods residents who were evacuated from the homes following the oil spill, inconvenience checks of $10,000 were issued. Previously, Exxon issued $10,000 inconvenience payments to all Northwoods residents.
Additional inconvenience payments were not issued to the other Northwoods residents for whom the May 9 meeting was held. Also, the state and federal officials who had been present at the May 7 meeting did not attend the May 9 meeting, and no report on air or water quality was given at that meeting.
Among the notable points from the meetings were the following:
• Whereas he would not discuss long term physical risks associated with the oil spill, primarily due to lack of data, state Department of Health Emergency Response Branch Chief Dr. William Mason acknowledged that the long-term mental health risks associated with the oil spill were “significant,” and he advised residents to seek medical treatment for any emotional issues caused by the oil spill, in additional to any physical issues
• Exxon representative Karen Tyrone stated at the May 7 meeting that there were “no indications of problems” with the pipeline prior to its rupture. When asked at the May 9 meeting whether Exxon would move its pipeline, other Exxon representatives gave no indication that it would and noted that the pipeline preceded the Northwoods subdivision and that residents should have had notice of its presence.
• Ms. Tyrone also stated at the May 9 meeting that residents who had made improvements to their homes that may not be reflected in appraisals conducted as a part of the program had “valid claims,” and that Exxon “wanted to hear about them.”
• Although Exxon stated that CIC had conducted similar programs in the past and were the “experts” at it, they also stated that they had never attempted a program were houses were marketed for a period of time before a decision to purchase them was made by the company (a component of Option C of the program).
Questions that Exxon failed or refused to answer at the meetings included the following:
• What the expected devaluation of properties would be. Exxon instead stated that Mayflower was located in the one of the fastest growing areas of the country and that they expected property values to continue to rise (despite the fact that Mayflower, and especially the Northwoods subdivision, will be associated with the oil spill for many years to come and despite the fact that Exxon apparently has no intention of moving the pipeline that, according to Exxon, gave no indications of problems before the rupture).
• Why Exxon was not willing to offer full value for all of the properties in the neighborhood like they are doing for the evacuated properties.
• Why evacuated residents were given an additional $10,000 in inconvenience compensation for their disruption in continuing to be displaced but the other residents were not given any additional compensation for the inconvenience of remaining in the neighborhood while clean-up efforts remained ongoing.
• Why, despite Exxon’s assurances that residents’ dealings with CIC were confidential, Exxon was aware of certain details of CIC’s dealings with certain affected residents which they announced at the May 9 meeting.
• Whether Exxon would be willing to include in its compensation package an allowance for the additional price per square foot that residents would have to pay to buy or build homes in comparable locations in Central Arkansas.
• What Exxon’s plan was for homes that it purchased as a part of the compensation package.
Considering these and other unanswered questions regarding Exxon’s response to the March 29, 2013 oil spill, affected residents are still advised to seek qualified oil spill attorneys to advise them on their claims. Many attorneys, including Johnson & Vines, PLLC and Hare Wynn Newell & Newton, are not seeking fees on compensation currently being offered by ExxonMobil in its May 4, 2013 Property Purchase and Price Protection Program, nor from any benefits previously paid by ExxonMobil.
Posted on Fri, May 03, 2013 @ 10:44 AM
Andrew Vines of Johnson & Vines, PLLC, our guest author, has some valuable information about Exxon's offers to home owners affected by the Mayflower Oil Spill.
Attorneys working with residents affected by the Mayflower Oil Spill take note of an April 26, 2013 press release from the Faulkner County Citizens Advisory Group (FCCAG). The full text of the release is available here.
According to the press release, independent air testing of the areas affected by the Mayflower Oil Spill revealed over 25 toxic chemicals at high levels. Moreover, the release states that health symptoms persist in residents despite denials from Exxon and state agencies regulating the clean up of the oil spill. April Lane of the FCCAG is quoted as saying that “even four weeks later, residents are still feeling symptoms from the chemical exposure. People have consistently talked about gastrointestinal problems, headaches, respiratory problems, skin irritation including chemical burns, and extreme fatigue.” The release also notes that “these symptoms are consistent with exposure to the chemicals found in the independent air testing.”
Results of testing conducted on March 30:
[D]etected over twenty-five toxic chemicals including cancer causing
benzene and ethylbenzene. According to the Agency for Toxic Substances
and Disease Registry, chemicals can have varying health effects depending
on intensity and frequency of exposure. Short-term, high levels of exposure
and long-term low level exposure to benzene and ethylbenzene have led
to increased cancer rates. Many of the chemicals have developmental,
neurological and reproductive health effects.
The press release is also critical of the response to the oil spill by both Exxon and the state and federal agencies overseeing the clean-up efforts.
Information about the oil spill, response efforts, and the short and long term effects of the spill provided by Exxon and government agencies may differ from that provided by independent groups monitoring the spill and its effects. Mayflower Oil Spill attorneys are staying apprised of available information to better inform their clients and potential clients of the issues that may impact their legal rights in the aftermath of the spill. If you have been affected by the Mayflower Oil Spill, it is important that you engage an attorney to discuss your legal rights today.
More Arkansas Oil Spill Information
Find more information about health risk affecting Mayflower Oil Spill victims, Home values and other damage claims, and other important Arkansas oil spill information.
Johnson & Vines, PLLC is working with Hare Wynn Newell & Newton in representing individuals who have been affected by the Mayflower Oil Spill. For additional information, please contact us at 501-372-1300 or at info@johnsonvines.com.
Posted on Fri, Apr 26, 2013 @ 02:22 PM
Even car crashes at extremely low speeds can cause a serious amount of damage to your body. Studies show that many injuries take place in accidents under 20 miles per hour. Even if you don't experience immediate pain, it can be beneficial to visit a chiropractor after a car accident to make sure that your spine hasn't become misaligned and that everything else is okay with your body.
There are plenty of wrecks every day in Central Arkansas and many leave their victims injured, sometimes for the rest of their lives. Many that are involved in a car accident think that they are fine because they don't experience any initial pain. Remember, just because you are not experiencing any pain does not mean that you are not hurt! This is a common misconception made by many but almost all car crashes at least jolt the body. Many experience shock since their bodies are in fight-or-flight mode which blocks the pain from being felt. Some people experience pain the next day while it can takes weeks or months for some to experience some injuries.
Problems such as whiplash can typically be felt within the first few days. Whiplash is a result of a jolt to the spine and is felt in the neck or back region. Some whiplash occurrences just cause mild pain because the muscles tense up but more severe cases can cause excruciating pain and can misalign vertebrae in some individuals. There are also many more injuries that can occur such as herniated discs or bone fractures. These types of accidents can cause chronic problems if not taken care of immediately which is why it is important to be seen by a chiropractor as soon as possible.
Chiropractors specialize in complementary and alternative medicine. They diagnose, treat, and prevent disorders of the neuromusculoskeletal system. A chiropractor will use manual techniques to manipulate the positions of vertebrae to alleviate pain and maintain correct positions.
When visiting a chiropractor after a car crash, it is important to tell him as much as possible about the car crash so they can recreate the scenario and inspect all areas that may be affected. If possible, it's a good idea to write down and bring a summary of everything you remember about the accident including the direction in which your car was hit, as well as the position you were seating, the position you ended up in after the accident, and any pain or stiffness that you may feel.
The chiropractor may want to conduct an x-ray to check for fractures and will probably conduct a full inspection of your neck and back. After their examination and diagnosis, they will form a plan of treatment to get you on your way to a full recovery. There are several methods of reducing muscle stiffness and pain and they will probably do an adjustment to correct anything that may be out of place.
With all of the high traffic areas in Central Arkansas, it is likely that you may be involved in a car accident at some point. If you are involved in a car accident, don't make the common mistake that so many people make and avoid seeking medical attention. Schedule an appointment with a chiropractor as soon as possible to prevent disorders and to be on your way to a full recovery should there be an issue.
Posted on Wed, Apr 24, 2013 @ 04:57 PM
Andrew Vines of Johnson & Vines, PLLC, our guest author, continues his series of articles for the benefit of those affected by the Mayflower Oil Spill.
On Monday, April 22, 2013, the Faulkner County Citizens Advisory Group hosted a Town Hall Meeting focusing on the Mayflower Oil Spill and giving residents an opportunity to “voice concerns, ask questions, discuss issues and connect.” Among the many issues discussed were the results of independent air and water testing that has been conducted in the areas affected by the spill, as well as the short and long term health effects of oils spills of this type.
The main points discussed on these issues at the town hall were the following:
- Any exposure to the odors associated with the oil spill can cause serious short and long-term health problems.
- Independent air and water testing of the areas affected by the oil spill, as well as an independent analysis of the testing done by State of Arkansas, demonstrate a risk of greater short and long-term health problems than is currently being reported.
- Experience from previous oil spills shows that long-term health and environmental problems can plague areas well after the area has been deemed “cleaned up.”
Long Term Health Effects
The Exxon Valdez Oil Spill was cited as an example of where exposure to the toxic chemicals associated with crude oil caused long-term health problems. In that case, most of the people exposed were oil spill clean up workers who worked without respirators or other protective equipment. These workers suffered a number of long-term health problems, many of which did not appear until years after the accident.
Speakers at the town hall also discussed various other issues that arise in the course of the clean-up of an oil spill, with one speaker even stating that there was no such thing as a true clean-up of an oil spill, merely a “response” to one. The reason for this is that, in addition to the fact that all of the toxins released as a result of an oil spill cannot be completely eliminated from the atmosphere (many of which remain harmful even at low levels), the process of dispersing spilled oil is often more hazardous than the oil spill itself.
According to one speaker, dispersants are really do nothing more than dilute the oil, rendering it un-seeable even though it (and especially the toxins associated with it) are still present in the environment. Moreover, the worst of these toxins (called PAHs) do not break down easily and can build up in the body over time—even if they cannot be seen or smelled (or detected by certain types of testing that is not designed to detect PAHs). Reports and images from the Gulf Oil Spill and the Kalamazoo Oil Spill were also cited, sometimes in graphic detail, as examples of the serious long-term health effects that can result from oil spills.
Results of Independent Testing
Scott Smith of OPFlex Solutions and April Lane of the Greenbrier Citizens Advisory Council reported on the results of air and water testing they conducted both in the days following the oil spill and as recently as the week of April 15, 2013.
Ms. Lane noted that air testing the day following the spill showed very high levels of airborne toxic substances in the affected area (including past the areas where residents were evacuated), and she noted numerous reports of individuals complaining of symptoms commonly associated with exposure to the toxins found in crude oil, including headaches, eye irritation, nose and throat irritation, lung irritation, respiratory problems, nausea, dizziness, lightheadedness, confusion and lack of muscle coordination. She and other speakers noted that many residents who should have been evacuated were not, and it was noted at the town hall meeting that anyone who could smell the odors associated with the spill should have been evacuated.
Mr. Smith reported on the results of water testing that he has conducted periodically since the spill, and he noted that his testing indicated contamination both in the area of the marsh and cove where the oil was directed following the spill and, most significantly, in Lake Conway itself in an area approaching the dam. He was critical of the testing being performed by the state and Exxon, as he claims that their testing methods only took readings from the top of the water and the bottom, as opposed to the important “water column,” or the main body of water between the top and bottom of the lake.
Other Important Issues Discussed at the Town Hall
Other important issues discussed and advice given by speakers and participants at the town hall meeting included:
- Advice to residents who were exposed to the odors associated from the oil spill, or who experienced health effects following the oil spill, to seek treatment by an occupational and environmental medicine (OEM) doctor trained to detect the issues associated with toxic exposure.
- As OEM doctors may not be available, and as other doctors may not be trained to detect the issues associated with toxic exposure, residents were advised to keep a “symptom log” of times when they smelled odor from the oil spill or clean up operations and, even if they did not smell odor, any physical symptoms they experienced while in the oil spill area.
- In the absence of treatment by a healthcare professional for symptoms associated with exposure to the oil spill, which was recommended if at all possible, residents were advised to contact Poison Control to report their symptoms.
- If Exxon or state officials advise that it is safe for residents to return to their homes, residents should ask for PAH testing to be performed in their home.
Johnson & Vines, PLLC is working with Hare Wynn Newell & Newton in representing individuals who have been affected by the Mayflower Oil Spill. For additional information, please contact us at 501-372-1300 or at info@johnsonvines.com.
Posted on Fri, Apr 19, 2013 @ 12:15 PM
image courtesy of Reuters
Andrew Vines of Johnson & Vines, PLLC, our guest author, has some valuable information about Exxon's offers to home owners affected by the Mayflower Oil Spill.
Residents of Mayflower, and in particular residents of the Northwoods subdivision have reported being contacted directly by Exxon and its claims adjusting company,Crawford & Company, regarding the recent offer of payment made by Exxon. Additionally, residents are reporting on meeting being held by Exxon with residents regarding the offers of payment and the payments themselves.
Mayflower oil spill attorneys are cautioning residents regarding any dealings they have with Exxon if they are not represented by an attorney, and also remindingresidents who have representation that all requests for communication by Exxon, Crawford & Company, or any other person representing either of those companies should be referred to that resident’s attorney.
Statements made to Exxon and its representative could have an impact on a resident’s claim, as statements can often be used as evidence in a court of law or otherwise while claims are being evaluated. A misstatement, even to a misunderstood question, or a statement taken out of context, could be used against residents in the future and undermine their ability to receive the full extent of compensation that they deserves as a result of the damage that they have sustained from the oil spill.
Residents can best protect their interests, and take a step to ensure that they do not compromise their claims, by engaging an attorney to represent them in dealings with Exxon. In relation to payments being offered by Exxon, it is anticipated that attorneys representing clients on a contingency fee basis will not seek a fee for any recovery you obtain without their assistance, so payments made by Exxon under its current offer may not be subject to an attorney’s fee.
Johnson & Vines, PLLC is working with Hare Wynn Newell & Newton in representing individuals who have been affected by the Mayflower Oil Spill. For additional information, please contact us at 501-372-1300 or at info@johnsonvines.com.
Posted on Thu, Apr 18, 2013 @ 11:14 AM
image courtesy of EPA
Andrew Vines of Johnson & Vines, PLLC, our guest author, has some valuable information about Exxon's offers to home owners affected by the Mayflower Oil Spill.
Attorneys evaluating the legal issues raised by the Mayflower Oil Spill have received a copy of a flyer being distributed by Exxon setting forth offers of compensation to residents of the Northwoods subdivision affected by the spill. A full summary of the information contained in the flyer is listed below, and a copy of the flyer can be accessed here.
The compensation to be offered by Exxon covers four areas: 1) disruption and inconvenience in the amount of $10,000, plus payments for home cleaning and landscaping work, 2) payments to landlords and tenants impacted by the spill, 3) purchases of certain homes, 4) payments for the reduced values of other homes. The latter two areas include moving payment for moving expenses and closing costs. Valuation of homes will be set according to certain processes spelled out by Exxon in the flyer.
Despite this gesture on the part of Exxon, affected residents are still advised to proceed with caution in dealings with Exxon and to hire an attorney to protect their legal interests, especially in relation to any payment of compensation by Exxon. Negotiation of the property damage claims could be complicated under the system that Exxon has set up, and information provided to Exxon without the advice of counsel could be used against a resident in the course of negotiations, limiting the amount of compensation to which a resident might otherwise be entitled.
Moreover, in addition to limiting its offers of compensation in the flyer to residents of the Northwood subdivision, Exxon has further distinguished what it will pay to residents in the Northwoods subdivision depending on whether those residents are “directly impacted” or “non-impacted” These terms are not defined in the flyer. The flyer also fails to define what Exxon will consider reasonable efforts to “market” property.
Exxon states in the flyer that acceptance of its current offer “will not affect residents’ right to assert any claims that they may have against the company, and that the company will continue to work with residents to resolve such claims.” Accordingly, we are confident that Exxon will not be able to use this offer of compensation to cause residents to unknowingly release rights to any and all claims that they now or in the future will have. However, it is important to note that, for this very reason, payment by Exxon under the terms of the flyer should not be considered the extent of what Exxon should or might ultimately be required to pay in relation to the oil spill.
Exxon states in the flyer that it is offering to make these payments in order to compensate homeowners “for the inconvenience, disruption and loss of use and enjoyment of [their homes] due to the cleanup effort.” However, this gesture may also be an attempt to persuade affected residents to NOT hire an attorney, thereby allowing Exxon to limit the amount it must pay to fully compensate for the damage caused by the oil spill.
A resident who decides to deal with Exxon, even in response to this offer, without an attorney, or who assumes that the offers currently being made by Exxon are the extent of any compensation owed by Exxon, could risk sacrificing his or her right to recover the full extent of the damages owed as a result of the oil spill.
Summary of Flyer
According to the flyer, Exxon proposes to compensate homeowners affected by the oil spill in the following ways:
- For all Northwoods subdivision residents:
- A payment of $10,000 per household compensation for disruption and inconvenience.
- One whole-house cleaning.
- Yard maintenance service for two months re-landscaped as a result of the cleanup.
- Moving expenses and three months’ rent for tenants whose landlord sells the home in which they are residing due to the spill.
- Reimbursement for landlords for rental income up to one year if a tenant decides to move out as a result of the spill.
- For residents deciding to sell their homes or lots in the Northwoods subdivision as a result of the spill within the three-year period ending March 28, 2016:
- ExxonMobil will commit to purchase property, according to the following processes:
- At the time of the sale, value received will not be reduced due to any diminution in property value caused by the spill. HUD-approved appraisers will establish the value.
- Directly impacted homes or lots can be sold immediately to ExxonMobil.
- The homeowner can market non-impacted property or lots. If there is no buyer or the best offer reflects that the spill has adversely impacted the sales price, as determined by qualified appraisers, ExxonMobil will buy the home or lot or make up the difference in the sales price caused by the spill.
- ExxonMobil will also cover all closing costs and provide moving expenses up to $8,000.
- For residents who decide to remain in the Northwoods subdivision, ExxonMobil will provide a one-time payment for any diminution in property value caused by the spill on any date of the homeowner’s choosing, until March 28, 2016, according to the following processes:
- Property values will be established by local HUD approved third-party appraisers who are capable of determining any loss of value due to the spill.
- Each homeowner and ExxonMobil will choose an appraiser, with both being paid for by ExxonMobil. The largest amount of lost value will be chosen if values are within 10 percent of each other. If the difference is more than 10 percent, a third appraisal will be obtained and a value negotiated.
- Acceptance of these offers will not affect residents’ right to assert any claims that they may have against the company, and that the company will continue to work with residents to resolve such claims.
Johnson & Vines, PLLC is working with Hare Wynn Newell & Newton in representing individuals who have been affected by the Mayflower Oil Spill. For additional information, please contact us at 501-372-1300 or at info@johnsonvines.com.
Posted on Mon, Apr 15, 2013 @ 10:54 AM
image from KTHV-TV
Andrew Vines of Johnson & Vines, PLLC, our guest author, discusses home value for home owners affected by the Mayflower Oil Spill.
Arkansas oil spill attorneys are evaluating the legal issues surrounding the impact of the March 29 Mayflower Oil Spill on home values and other property values. The main issues discussed in the article below include:
• Affected residents are still advised to be cautious in dealing with Exxon as
the company “is developing a plan to address concerns about the long-term
value of homes in the North Woods neighborhood up to and including home
purchases.”
• Under Arkansas law, property owners and others impacted by the oil spill
may be entitled to compensation beyond reduced property values.
• Attorneys experienced in successfully fighting large corporations can
help their clients recover the full extent of compensation to which they are
entitled due to the fault of the parties responsible for causing the Mayflower
Oil Spill.
Exxon appears to be evaluating the issues related to decreased property values as a result of the oil spill, but we continue to caution affected residents in any dealings they may have with Exxon relating to property or other damage sustained as a result of the oil spill.
As posted on Exxon Mobile’s Mayflower Response website, and according to the April 11, 2013 release of the Mayflower Incident Unified Command Joint Information Center:
“ExxonMobil is paying for the cleanup and will honor all valid claims. ExxonMobil is developing a plan to address concerns about the long-term value of homes in the North Woods neighborhood up to and including home purchases.”
Whereas Exxon continues to state that it will honor all “valid” claims, the company does not state in its release that it will pay for the full extent of any property damage or personal injuries it has caused. Instead, it merely states that it is “developing a plan to address concerns” about the “long-term value of homes.”
Home purchases are mentioned in the release, but Exxon “developing a plan to address concerns” is distinctly different than accepting responsibility for the full extent of the damage it has caused. Moreover, Exxon still has failed to publicly define exactly what it considers a “valid” claim. Without an attorney, an individual damaged by the actions of Exxon must depend on Exxon to determine what constitutes a valid claim.
Arkansas law suggests that when petroleum products have caused property damage, a landowner may choose whether to pursue repair costs or the difference in fair market value. In cases where the damage to property results from contamination by toxic substances, and especially if the property has a home on it that the owner wants to (or must) continue to live in, often the full cost of repair can exceed the loss of property value, and Arkansas courts have suggested that in such situations the landowner has a choice in whether to seek those higher costs instead of the less costly depreciation of property value.
Additionally, landowners whose property has been damaged as a result of toxic substances may recover damages for “discomfort and other bodily and mental harms,” including “his own serious sickness and other substantial bodily harm,” in addition to “discomfort and annoyance to an occupant…and other members of the household.” (Although these claims are often difficult to value because everyone impacted by the Mayflower Oil Spill has been affected in unique ways, they are compensable and, in cases where claims are taken to court, it is expected that a jury would have a large amount of discretion on what value to place on them.)
Any offer to resolve claims by Exxon that does not take into account 1) a property owner’s choice to fully decontaminate his property, even if the cost for that work exceeds the fair market value of the property, or 2) the physical and emotional harm caused to property owners and other members of the owner’s household as a result of the oil spill, will fall short of Exxon’s promise to honor all valid claims.
Even if Exxon were to consider the validity of these elements of damage in its efforts to
resolve claims, affected residents must keep in mind that it is in the best interests of Exxon and its shareholders that these claims be resolved as quickly and as inexpensively as possible.
Typically, offers to settle claims are made in exchange for a release of all past and future claims, meaning that the acceptance of an offer from Exxon, even if for the full market value of a resident’s home, may very well require the resident to waive all present and future claims for other property damage and, more importantly, any long term physical harms to the resident and members of his or her household.
Attempting to negotiate a settlement of claims with Exxon without qualified and experienced legal representation puts an affected resident at the mercy of Exxon to determine what a “valid” claim is, resulting in a tremendous disadvantage for residents seeking to fully and fairly resolve both their claims and those of their family members.
Often, large corporations must be faced with the prospect of answering for their actions in a court of law before they will make an effort to settle claims fairly and reasonably. Exxon understands that if it must go to court, it will no longer have control over how much it pays to resolve the claims against them. Instead, a juryvcomprised of Arkansas citizens, including residents of Faulkner County, will make that decision.
However, Exxon also understands that if an affected resident does not have an attorney, his or her claims would most likely never go to court, and it will not have to worry about being held accountable for the damage it has caused beyond its own, self-interested determination of what comprises a “valid” claim. Often, simply having an attorney, especially one with a track record of successfully taking on large corporations, increases the value of claims and makes a fair settlement, without the need to go to court, much more likely.
For these and other reasons, including as advised by the Arkansas Attorney General, individuals affected by the Mayflower Oil Spill are urged to seek experienced and qualified legal representation as soon as possible.
Johnson & Vines, PLLC is working with Hare Wynn Newell & Newton in representing individuals who have been affected by the Mayflower Oil Spill. For additional information, please contact us at 501-372-1300 or at info@johnsonvines.com.
Posted on Fri, Apr 12, 2013 @ 11:31 AM
Andrew Vines of Johnson & Vines, PLLC has some advice for home owners affected by the Mayflower Oil Spill.
The Arkansas Times reported on a press conference held by Exxon Mobile at the Mayflower City Hall on April 11, 2013. At the press conference, Exxon stated the following regarding its response to the Mayflower Oil Spill:
•Exxon is still removing oil from the pipeline, which ran for 18 miles between cutoff points on the stretch that exploded from a 22-foot rupture in a Mayflower subdivision;
• Exxon is still working on home values. Purchase of the homes is a possibility;
• The EPA reports it's satisfied with Exxon's response in the cleanup, but says wetlands remain a concern.
In the report, the Arkansas Times also noted that Exxon officials refused to comment on questions related to the 13 mile stretch of the Pegasus Pipeline that crosses the Maumelle Watershed, a source of drinking water for approximately 400,000 residents of Central Arkansas.
We view the fact that Exxon is looking into home values as a part of its response to the Mayflower Oil Spill as a positive development, consistent with our opinion that the decreased property values of homeowners affected by the oil spill will be an element of damage for which Exxon must pay in connection with its apparent fault in causing the oil spill. However, we advise caution to any resident approached by Exxon regarding the decreased value of their property.
It is important to keep in mind that Exxon has an interest in minimizing the
compensation it must pay to affected residents. At this time we do not know:
• The basis of any valuation that Exxon might place on homes it looks at;
• The independence of adjusters and/or appraisers it hires to conduct valuation studies;
• The extent to which Exxon may be willing to pay affected homeowners for the loss of value to their property, specifically whether it will pay for just those properties onto which oil actually encroached, or whether it will pay for homes near the spill site which are also expected to suffer a decrease in value;
• Whether Exxon will consider a homeowner or other affected individuals’ “annoyance and inconvenience” claims in connection with valuation of property damage.
For these reasons, we continue to advise affected residents to seek an attorney in evaluating fully their legal rights in the wake of the Mayflower Oil Spill. Exxon has stated that it will pay all “valid” claims in connection with the oil spill, but without a qualified advocate on your side, you will most likely be a the mercy of Exxon to determine what a valid claim is.
Again, it is important to remember that Exxon’s interests lie with its shareholders and not you, and attorneys with experience in taking on large corporations such as Exxon are best suited to
represent your interests in making sure that the parties at fault for the Mayflower Oil Spill pay full compensation for the damage they have caused.
Johnson & Vines, PLLC is working with Hare Wynn Newell & Newton in representing
individuals who have been affected by the Mayflower Oil Spill. For additional information, please contact us at 501-372-1300 or at info@johnsonvines.com.