Cincinnati-Area Styrene Leak Leads to Toxic Chemical Exposure Lawsuits Against Railroad Company

Following a massive tanker car leak last week near Cleves, Ohio, which resulted in widespread evacuation orders due to health risks posed by exposure to the toxic chemical styrene, a class action lawsuit has been filed against the Central Railroad Company of Indiana, as well as other companies responsible for the incident.

Styrene is a flammable, colorless liquid used in the manufacturing of plastics and rubber. When the chemical reaches its boiling point, it can turn into a toxic gas and can cause a number of health side effects, even when inhaled at low doses. However, exposure to higher amounts of styrene is known to pose a risk of much more severe health problems, such as cancer and genetic damage.

On September 24, at approximately 12:45 p.m., a railroad train car carrying the toxic chemical sprung a leak near Cleves, releasing styrene and other toxic chemicals into the air, due to escalating temperatures inside the tanker car. This caused local officials to evacuate more than 200 homes, close businesses and suggest other nearby residents shelter in place. Some residents were told not to return home until the following evening.

The next day, a complaint (PDF) was filed by Rhonda Offill in Hamilton County Common Pleas Court, seeking class action status to pursue damages on behalf of all individuals who were forced to evacuate their homes, all businesses that were forced to close and all other individuals forced to remain indoors due to the chemical leak.

The chemical exposure lawsuit indicates that the railroad company and other entities responsible for the handling of the tanker car were reckless and negligent, causing the toxic chemical to be released throughout the community, which severely impacted residents’ health and workers’ economic well-being.

Offill indicates in the lawsuit that thousands of individuals and businesses were affected by the styrene leak, which occurred when the tanker car began emitting the hazardous chemical at a railroad owned by two of the defendants, The Central Railroad Company of Indiana and Genesee & Wyoming Railroad Services. The leak led to a large plume of gas, which raised concerns about the risk of explosion and prompted emergency evacuations.

People outside the evacuation zone were advised to stay indoors with their windows sealed and air conditioners off to avoid exposure to the hazardous chemicals​.

According to the complaint, residents affected by the styrene leak have experienced various health issues, including headaches, scratchy throats, and itchy and watery eyes, all of which are consistent with styrene exposure.

The styrene exposure lawsuit alleges that the release of toxic chemicals disrupted daily life and business activities, causing stress and fear about residents and workers’ long-term health. Some may even require ongoing medical treatment as a result of their exposure, Offill claims.

The chemical exposure class action lawsuit seeks compensatory damages for personal injuries, exposure to hazardous chemicals and economic losses, as well as punitive and exemplary damages to penalize the railroad owners and operators for their allegedly reckless behavior.

The defendants are also being asked to provide medical monitoring expenses to cover future healthcare needs for area residents, such as studies on the long-term effects of styrene exposure, early diagnosis and preventive treatment.

The lawsuit also seeks compensation for lost business and financial impacts from the evacuations and shelter-in-place orders, and requests that the defendants investigate and address the health issues caused by the styrene exposure.

“The Plaintiff and Class in this action have sustained injuries special and distinct from injuries suffered by the general public, as the Plaintiff and Class have specifically incurred personal injuries, lost business opportunity, and have been exposed to increased concentrations of annoying, obnoxious, foul, disgusting fumes and emissions emanating from the Tanker Car, and have been caused to leave their homes, vacate the outdoors and/or leave their businesses on at least one occasion,” Offill said in the complaint.

Train derailments and leaks often lead to large-scale class action lawsuits filed by area residents affected by toxic chemicals.

Last year, another Ohio train derailment in East Palestine resulted in several lawsuits, after toxic chemicals leaked into the air and environment. The incident also caused reports of illnesses and animal deaths, as well as concerns about water, soil and air contamination in the surrounding area, resulting in at least $387 million in total costs for Norfolk Southern, the railroad company responsible for the East Palestine derailment.