Norfolk Southern Required to Pay Multi-Million Dollar Penalty for Accident Releasing Toxic Chlorine Gas

Virginia (VA) Railroad Accident/FELA Lawyers
Offices in VA Beach, Hampton & Elizabeth City, NC

Railroad Injury/FELA

3/9/2010
Richard N. Shapiro
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Norfolk Southern Required to Pay Multi-Million Dollar Penalty for Accident Releasing Toxic Chlorine Gas

After five long years, it appears a resolution has been reached in the case revolving around a deadly chlorine gas spill in Graniteville, South Carolina (SC). A settlement between Norfolk Southern (NS) and the Justice Department was reached where NS agreed to pay a $4 million penalty for the accident. The multi-million dollar penalty includes fines for violating the Clean Water Act and Comprehensive Environmental Response Compensation and Liability Act, funds for incident command system training to environmental and transportation personnel, and re-stocking a pond with 3,000 fish that were killed by the chlorine gas, according to The Virginian-Pilot.

The original incident occurred in 2005 when a railroad switch was left in the incorrect position by a prior NS crew. Because this stretch of track was in "dark territory" (lingo meaning dispatchers and crews have no advanced electronic warning signals showing a switch position) the train crew (engineer, brakeman, and conductor) with the cargo including chlorine gas slammed through the area in the wrong way due to the switch. The train derailed and one of the tank cars was punctured releasing the chlorine gas. This gas was extremely toxic and it spewed all over the small town of Graniteville killing nine people and causing devastation. It turns out the chlorine was the same toxic gas that was used in an attack over in Iraq.

"It was the worst thing we experienced in this area and we pray we never experience anything like it again," said Phil Napier, chief of the Graniteville Volunteer Fire Department.

Here's a video made by a survivor of the railroad accident...

No amount of money will ever be able to fully compensate for the loss of life from this terrible accident. However, these types of settlements send a signal in the railroad industry that more of an emphasis needs to be placed on safety and following proper environmental protocols. Furthermore, the accident itself led to calls for electronic switches and new train control systems, amongst other safety changes.

The NS settlement is considered "on the upper end" of penalties leveled on a rail company. "It ranks near the top 10 environmental penalties since late 2007," said Eric Shaeffer, who works for the Environmental Integrity Project. Nevertheless, when you consider they violated two major environmental regulations and nine people were killed, it could be argued the settlement wasn't large enough.

Labels: Attorney chlorine Clean Water Act dark territory gas injury loss of life Norfolk Southern NS rail railroad railroad injury SC Shapiro switch toxic

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have handled hundreds of Federal Employers' Liability Act claims for railroad workers hurt or made ill while doing their rail jobs. We also have represented many people injured in train accidents. Please take a few moments to review our railroad injury case results. Our primary offices are in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness.

Rick Shapiro and James Lewis have been included among the Best Lawyers in America since 2008, and have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill. Our attorneys have even been included in the National Million Dollar Advocates Forum since 2009.

We would like to send you one of our free reports about railroad injury and FELA cases, including Dos & Don'ts When Injured at a Railroad: Your FELA Rights and What Railroad Claim Agents Agents Won't Tell You (But You Must Know).

While not every injury case meets our criteria, we offer a free initial confidential injury case consultations, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.

Virginia Beach, VA Personal Injury Attorneys
Virginia (VA) Personal Injury Lawyers
Specializing in Virginia Wrongful Death & Injury Law

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Norfolk Southern Required to Pay Multi-Million Dollar Penalty for Accident Releasing Toxic Chlorine Gas

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