Judge Strikes Down “Public Nuisance” Argument in Paraquat Case:
What Will This Mean for Plaintiffs?
While you may know that long-term exposure to herbicides and pesticides can be dangerous, many people have never even heard of paraquat, one of the most dangerous herbicides used. Paraquat can only be used commercially because of its toxicity. Accidentally ingesting even a small amount can lead to death. Long-term exposure to paraquat is also linked to Parkinson’s Disease, a neurological disorder that causes problems with speech, coordination, and balance. Many people affected by paraquat have brought lawsuits against the manufacturer, but the dismissal of a claim in a recent lawsuit gives cause for concern.
Nuisance Claim in Recent Paraquat Litigation
In the case In re Paraquat Products Liability Litigation, the plaintiffs brought suit against two current and former paraquat manufacturers using a “public nuisance” argument. A public nuisance is a type of land-use tort. Examples of public nuisances can include changing a drainage system leading to widespread flooding, a chemical plant releasing noxious gas into a community, or discharging a dangerous chemical into drinking water. 2022 WL 451898 (S.D. Ill. Feb. 14, 2022).In this case, the Court held that the plaintiffs’ paraquat claim wasn’t a true public nuisance claim:[…] Plaintiffs’ public nuisance claims to be more like a products liability cause of action than an action to truly address a public nuisance. Plaintiffs complain that [first defendant] promoted the benefits of Paraquat on its website while failing to warn of its risks, which is repetitive of Plaintiffs’ failure to warn claim. They seek damages for their alleged injuries rather than abatement of any true public nuisance. Moreover, Plaintiffs provide no basis for their public nuisance claim against [second defendant], which stopped distributing Paraquat in 1986. Accordingly, the Court agrees with Defendants that Plaintiffs’ public nuisance claims must fail.
What Does This Mean for Plaintiffs?
This case only demonstrates that plaintiffs may have difficulty establishing a public nuisance claim in future cases. But an experienced attorney can determine the best claims for each case. Most paraquat lawsuits claim that paraquat caused long or short-term health problems, including Parkinson’s Disease and that the manufacturer failed to warn users about the herbicide’s risk of neurological damage. The Paraquat Products Liability case is unlikely to change that for future plaintiffs.
You Need Skilled Legal Advice
If you or someone you love has serious health problems from paraquat exposure or poisoning, you need experienced legal guidance. We've been helping victims of toxic exposure since 1972. Call us at 888-910-6376 or contact us online to set up a consultation. The consultation is free, and you don’t pay any fees unless we recover compensation on your behalf.
