Legal Question in Environmental Law in North Carolina

Gasonline spill contaminating well water.

There was an accident in front of our home involving an automobile and a gasoline tanker. The driver of the car turned in front of the tanker. The tanker hit and ran over the car. The driver of the car was killed. The tanker over turned onto the car. The tanker was punctured and spilled over 3,000 gallons of gasoline which was absorbed into the ground. As a result our well water has been contaminated. The insurance company for the tanker has installed a water filtration system in our home as well as some monitoring wells at different locations from the site of the accident. We have nothing in writing from them letting us know what they intend to do for us over the years. We are having to depend on bottled water for drinking, cooking, and brushing of teeth. What can we do legally as far as selling our home in the future or our health in the coming years. Who is liable for the bottled water and the upkeep of the water filtration system after the three year statue of limitation runs out?


Asked on 11/16/00, 11:47 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Gasonline spill contaminating well water.

I am not licensed to practice in the state of north carolina. However in general terms, the estate of the driver as well as the gasoline tanker company are both liable for the contamination of your property. You need to hire a local attorney to sue them for the deminisherd value of your home or in the alternative which is probably better make them give you fair market value for your home without the contamination. They're probably not going to do it unless you sue them. After the three year statute of limitations is gone they'll probably just walk away since they no that you can't go after them any more.

Good Luck!!!!!

Patrick Tracy

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Answered on 11/27/00, 6:26 am


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