Environmental Hazards and Legal Rights in Georgia
Every year, individuals and families in Georgia face unexpected health issues and property damage resulting from environmental hazards. This may include chemical spills, air pollution, toxic waste dumping, or contaminated drinking water.
Sadly, these events often lead to long-lasting consequences. But Georgia’s tort laws offer pathways for victims of environmental hazards who are seeking compensation.
The attorneys at Butler Prather LLP have an impressive track record when it comes to getting justice for people who have been injured due to corporate negligence and environmental misconduct.
What Are Environmental Torts?
Environmental torts are civil wrongs that result from environmental harm caused by negligent or intentional human activities. These legal claims arise when pollution, toxic exposure, or ecological damage causes harm to a person’s health, property, or livelihood.
Common examples include:
- Exposure to toxic chemicals like benzene, lead, or PFAS (“forever chemicals”)
- Groundwater contamination from industrial runoff
- Air pollution linked to respiratory conditions
- Dangerous waste disposal near schools or residential communities
Victims may pursue toxic exposure claims through personal injury, property damage, or class action lawsuits, depending on the scale and impact of the hazard.
The Legal Framework for Environmental Torts in Georgia
Georgia environmental tort law is based primarily on state statutes, common law doctrines, and federal environmental regulations, such as the Clean Water Act, Clean Air Act, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund).
Several legal theories are commonly used in Georgia environmental cases.
Negligence
A defendant can be liable if they failed to act with reasonable care in handling, storing, or disposing of hazardous materials, and that failure caused injury.
Strict Liability
Certain activities like transporting hazardous waste are so inherently dangerous that companies may be responsible regardless of negligence under Georgia law.
Nuisance
Victims may claim that environmental pollution has interfered with their ability to enjoy their property, even without direct injury.
Trespass
If contaminants enter someone’s property (e.g., toxic groundwater seeping into private wells), the responsible party can be liable for unauthorized intrusion.
Wrongful Death or Personal Injury
If exposure results in serious illness or death, plaintiffs may seek damages under personal injury or wrongful death statutes.
Proving Environmental Tort Cases
Successfully recovering compensation for an environmental hazard injury in Georgia requires demonstrating the following elements:
- Exposure to a Hazardous Substance: There must be a clear link between the victim and the source of the contamination (e.g., proximity to a factory or landfill).
- Causation: Plaintiffs must show that exposure to the substance more likely than not caused the illness or injury. This typically requires expert testimony, medical records, and scientific studies.
- Damages: You must document measurable harm, which may include medical expenses, lost income, reduced property value, or emotional suffering.
- Defendant’s Fault: Whether through negligence, recklessness, or failure to warn, the party responsible for releasing the harmful substance must be shown to have violated a legal duty.
Environmental tort litigation often involves multiple defendants, corporate coverups, and layers of scientific data. Butler Prather LLP has the resources and experience to see your case through until the end.
Legal Compensation in Environmental Hazard Cases
Victims of environmental harm may be entitled to compensation for:
- Medical bills and treatment costs
- Lost wages or diminished earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Property damage and devaluation
- Punitive damages in cases of extreme negligence or willful misconduct
If a community is affected, victims may also join or initiate a class action, allowing them to pool resources and evidence while seeking a coordinated resolution.
At Butler Prather LLP, we understand the long-term toll environmental injuries can take on families. That’s why we fight for full and fair compensation that considers both the short-term costs and the lifelong impact of contamination and toxic exposure.
Why Environmental Tort Cases Are Unique
Environmental torts are not like typical personal injury cases. They often involve:
- Multiple plaintiffs and defendants
- Regulatory agencies (EPA, Georgia EPD)
- Technical experts in toxicology, hydrology, epidemiology
- Delayed symptoms or latent illnesses
- Widespread public interest or media coverage
Because of these complexities, victims often face aggressive defense tactics from large corporations with deep pockets. Our attorneys at Butler Prather LLP are experienced in litigating against some of the most powerful companies in the country—and winning!
Your Rights Under Georgia Law
If you believe that you or your community has been harmed by an environmental hazard, you have legal rights. These include:
- The right to sue for damages
- The right to clean air and water
- The right to be informed about chemical exposures
- The right to organize collectively with others harmed by the same hazard
Timing is critical. Georgia’s statute of limitations typically gives injury victims two years from the date they knew (or should have known) about the harm. For property damage, the limit is usually four years. In environmental cases, courts sometimes allow extended deadlines if the injuries surfaced long after exposure—but it’s vital to act as soon as possible.
Speak With an Experienced Environmental Tort Attorney in Columbus
If you or a loved one is dealing with the consequences of an environmental hazard, you deserve answers and the opportunity to hold those responsible accountable.
At Butler Prather LLP, we are passionate about representing victims of environmental harm across Georgia. With more than 35 years of experience and several multimillion-dollar verdicts, we’ve proven that we have what it takes to stand up to polluters and win.
Call us at (706) 322-1990 to schedule your free consultation. Our Columbus environmental tort attorneys will listen to your concerns, evaluate your case, and help you explore your legal options—because it’s not just a case, it’s your life.