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Home » Legal Articles » California Environmental And Toxic Tort Law

California Environmental and Toxic Tort Law

Environmental and Toxic Tort Law cases in California are often one and the same. In an age when the carelessness of large corporations seems endless and the public has awoken to environmental dangers such as global warming and pollution of groundwater, such cases can not only provide a measure of redress to injured plaintiffs but also assist in the fight against what some entities would do to our planet in the name of profit.

Individuals in their homes, at work, in school and during leisure or recreational activities are exposed to toxic chemicals, drugs, and mercury from the places they live, work, or elsewhere spend time and what they eat and drink and the cosmetics they use.

They can be damaged by exposure to asbestos, lead, mercury, zinc, chromium, TCE, PCBs, arsenic, benzene, beryllium, pesticides, silica, manganese, formaldehyde and other toxins from places and things they would never have expected. Examples include lead-paint covered toys, toxic chemicals not only in the groundwater and the tap water used by companies to fill bottled water.

But pollution can come from the air, from the water, from the soil, and from other sources one often doesn't consider. Pollution also comes from electro-magnetic fields, cigarette smoke, and mold in the home or at work.

Air pollution includes unhealthy levels in the air quality index, acid rain, indoor air quality, and particulate pollution from construction. Smog and haze aren't just depressing, they can also be deadly when filled with types of pollution that is of particular risk to the elderly. Carbon monoxide, sulfur dioxide, nitrogen oxides and chlorofluorocarbons are just some of the chemicals one faces in every day life. Too much of any of these can cause severe problems including cancer and even death to most anyone, not to mention other damage to the ecosystem.

Water pollution can come from wastewater, surface runoff, sewage, waterborne diseases, water quality, oil spills, ship pollution, and ocean acidification, just to name a few sources. Soil pollution can come from herbicides, pesticides and even from invasive species. Among those soil contaminants people should be most concerned with, are MTBE, heavy metals, hydrocarbons, and chlorinated hydrocarbons.

Because it happened thirty years ago, many today are unfamiliar with or have forgotten the groundwater pollution case known as Love Canal. In the late 1970s, residents in the Love Canal area of New York were suffering from high rates of cancer and birth defects. The cause was traced to chemicals that had infiltrated into the groundwater and water supply from an industrial landfill. Hundreds of families were reimbursed for their damages but had to move from the area.

Radioactive contamination is becoming more and more of a problem. There is already plutonium in the environment, radium in the environment, uranium in the environment and other environmental radioactivity. Soon we will be hearing more about alpha emitters and actinides.

Recently there has been much publicity about the increase in bed bugs in hotels, schools and homes. When one goes on vacation, one must also worry about lice, ticks and other bugs that can be carried home. When one goes to the hospital or to the doctor, one can return with a more dangerous infection or virus than the problem the patient was originally concerned about.

While not a health risk, there is also visual pollution such as that caused from billboards, to the recent addition of advertising at the gas pump, in elevators and in public restrooms, as well as light pollution.

In the health field, pollution can come in the form of contamination of blood, from the environment of the hospital, the medications, thimerosal (a preservative used to prevent spoiling in vaccines) surgical implants, the beds or from other patients.

If you think a toxic material has caused or contributed to your injury call your toxic tort lawyer today

http://www.sebastiangibsonlaw.com/

And here is another random article you might be interested in...

So now that your Real Estate Deal has closed...WHAT'S NEXT?

I am sure that you already know the scenario. The momentum builds up, your paperwork is all in place after rushing for last minute signatures, etc., you overnight your package in and without you even having to be there, you are the proud owner of a new addition to your real estate portfolio. Now that the smoke clears and everyone goes home from the closing table, you may be left with the burning question.... "Now What?"

After all the adrenaline and getting to the closing table which takes a lot of patience, attentiveness, organization, etc., you may feel a bit of a let down. Not to worry! Amongst all the excitement of now being the proud parent of a new born project (at least new for your portfolio), you should not forget that there are still items and tasks that need your attention.

Immediately After the close.

After you leave the closing table (if you were even there at all), one important thing that you should make sure that you have is a copy. A copy of what, you may ask? A copy of everything that crossed the table during closing, especially anything that you put your signature on. While this may be a common sense item, it is amazing when I talk with clients and members of our group who say that they did not get a copy. If you did not get it right after closing, then make sure that you request a copy from the group that coordinated the closing, whether it is the attorney, title company, etc. This is something that could save a lot of headaches in the future.

A PARTICULARLY important part that you will need is called the HUD, and is the long legal form that shows all of the closing costs and other money transfers. The reason this is so important is that you will need to provide a copy to your accountant at tax time, or if you do you own taxes, you will need the facts and figures.

Hopefully this next step should have already been started during the initial reservation or letter of interest stage. Again, this is a common sense item but still very important. Make sure that you have a separate file or folder that you keep for this new project. Keep it identified so that you can easily go back and find the project that you are looking for. However you do it is up to you and I am sure that everyone has different ways to organize their files (by State or location of project, address, date of acquisition, type, etc.).

You may even want to have a file for the project and subfolders for individual items such as initial deposit (copy of completed reservation form, check, unit selection criteria, etc.), loan application, closing papers, and folder for post-closing events (such as loan payoff, insurance, taxes, etc.)

The good thing is that you have time; time to get things straightened out and prepared.

Don't Forget the Essentials Whether or not you are running your real estate projects through a company (i.e. you have set up an LLC or other company for the transaction(s)) or you are doing this individually, these next items are essential in having a successful real estate project/experience.

Accounting â€" While the extent to which the following applies will vary according the number of projects you have or the complexity of your business, etc., doing it now will save a lot of headaches, especially during tax time and when you go to sell your project. If feasible:

1. Set up separate bank accounts for the project. Alternately, you may want to lump several projects under one account. One way to group these projects is by project type (i.e. rental units, land-only, etc.). It may be best to check with your financial advisor for their suggestions and advise in this area.

2. If you use a financial Software package, where applicable set-up different sub-accounts for each project. For example, if your receive Rent on several projects you would have Rent â€" Project 1, Rent â€" Project 2, and so forth. This will help track income and expenses on a per-project basis.

3. Keep your financial advisor aware of your recent acquisition. Hopefully already discussed before the purchase, etc.

4. Keep your financial (and other) advisor(s) aware of planned purchases and acquisitions. They may be interested in purchasing for themselves as well and if it is a great deal, they will be thankful for your passing on the information.

Legal â€" One of the common issues that comes up with every new purchase is the following. Has the purchase of your new property changed any liability issues that you may have? You should discuss the new acquisition with your legal advisor (once again, if you have not already done so). One of the main topics for that discussion should be if there are any necessary changes to you coverage or liability protection that may be needed resulting from the new project. Here is another instance of where you hopefully are just continuing discussions with your team of advisor that were started before the purchase.

Property Management â€" if the project has property management built in as part of a preconstruction incentive package (like you may get with a wholesale buying group), make sure that you coordinate with them on issues such as upkeep, maintenance, rent collection, etc. If the management is not part of the incentive package, get some references of Property Management groups that are in the area and do some digging around. If the project is new construction and there is a build out period, you may want to start ironing out the details ~ 60 days before the certificate of occupancy (i.e. before you can put a tenant in place, etc.). With wholesale buying groups, typically discounts can be negotiated if a large enough representation of that group goes with the same Property Manager.

Expenses â€" now for the fun part. Usually, there are bills associated with any real estate project (i.e. Mortgage, Insurance, etc.). Check to make sure that all bills are being sent to your correct address; make sure that the mortgage payments are being sent to your home/office address and not to a PO Box in, for example, Las Vegas as I have heard may occur from time to time. As a helpful hint, if you need to do an address change the US Postal Service offers a free service to have your mail routed from the incorrect address to the correct address; you need to go to your local post office and fill out the form Vs doing the on-line submission. This will help get any mail that is "sitting in the wrong box" over to you directly while the vendor is correcting the address in their system.

Another thing for you to verify are the numbers. As expenses start rolling in, you may want to verify that the actual expenses are what you had planned for during your initial analysis. If there is a large discrepancy, find out why and also take the actual values into consideration in any of your spreadsheets or project evaluation forms.

Plan for the Future

Phew! Ok, so now the smoke has cleared (or at least, thinned out a bit). You have done all that you can do for the time being with respect to the closing of this project. Do you just sit back and then wait until it is time to exit the project? The answer, as you may have expected, is NO! Based on your own investment strategy (or at least the initial strategy which prompted you to get involved in this project in the first place), plan regular evaluations of the property to make sure that it fits your portfolio and your initial investment strategy. It may be a good idea to have a folder with the rules and thoughts written down as to why you first got into the property, and your initial thoughts for the exit as well. This way, you can revisit these items and re-evaluate the property and or your strategy as well.

Once you do your review, plan on meeting with your advisory team to share ideas with them and to see what their inputs are as well.

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