Why Chemical Spills Can Become Dangerous So Quickly

The severity of a chemical release depends on more than the amount of material spilled. The chemical involved, concentration, temperature, ventilation, weather conditions, fire risk, length of exposure, and distance from the release can all affect who is exposed and how seriously they are injured.

Hazardous substances can enter the body through inhalation, skin or eye contact, and ingestion. CDC guidance for chemical emergencies emphasizes moving away from the source of the release, removing chemicals from the body, and seeking appropriate medical help.

OSHA also recognizes that hazardous-substance releases can create immediate risks involving toxic concentrations, oxygen-deficient atmospheres, fire, explosion, and conditions dangerous enough to require evacuation.

For people near a serious spill, the danger may include:

• Toxic vapor or gas inhalation
• Chemical burns to the skin or eyes
• Respiratory injury
• Loss of consciousness from toxic exposure or oxygen displacement
• Fire and explosion injuries
• Neurological injury
• Internal organ damage
• Long-term complications following a significant exposure
• Wrongful death

People who suffer serious harm after a release may require investigation under both toxic tort and other catastrophic-injury theories depending on how the spill occurred.

Train Derailments Can Release Hazardous Materials Into Surrounding Communities

Freight trains routinely transport chemicals, petroleum products, compressed gases, industrial materials, and other hazardous cargo.

When a tank car derails, ruptures, catches fire, or loses containment, exposure may not remain confined to railroad property. Vapors, smoke, contaminated runoff, and released liquids can affect railroad workers, emergency responders, nearby businesses, motorists, and surrounding neighborhoods.

The investigation may examine issues such as:

• Why the train derailed
• Whether the tank car or valve system failed
• Whether the hazardous material was properly loaded and secured
• Whether equipment inspection and maintenance were adequate
• Whether warnings and evacuation instructions were issued promptly
• Whether the chemical was correctly identified
• Whether response crews had accurate information about the material involved

For railroad employees, additional legal issues may arise under the Federal Employers’ Liability Act when railroad negligence contributes to an employee’s injury.

Tanker Truck Crashes Can Create Both Chemical and Fire Hazards

A commercial vehicle carrying hazardous materials can cause a very different emergency than an ordinary truck crash.

A rollover, collision, defective valve, damaged tank, unsecured cargo, or loading failure may release dangerous liquids or gases directly onto a highway, loading area, or neighboring property. Some chemicals may also ignite or produce flammable vapors, turning a spill into a fire or explosion.

Potentially responsible parties may extend beyond the truck driver or motor carrier. Depending on the circumstances, an investigation may include the company that loaded the chemical, the shipper, tank or valve manufacturers, maintenance contractors, brokers, facility operators, and other businesses involved in transporting or controlling the hazardous material.

Warehouse Chemical Releases Can Trap Workers Close to the Source

Warehouse spills pose another serious risk because employees may be working just feet away from leaking containers, drums, totes, storage tanks, or damaged cargo.

OSHA states that warehouses handling chemicals should maintain appropriate chemical information, labels, safety data sheets, worker training, spill-control procedures, and proper storage practices. OSHA also recommends secondary containment and storing hazardous chemicals away from forklift traffic where appropriate.

A warehouse chemical release can result from:

• A forklift puncturing a drum or container
• Improper chemical storage
• Damaged or deteriorated packaging
• Failed tanks, valves, hoses, or transfer equipment
• Incorrect labeling
• Mixing incompatible substances
• Inadequate ventilation
• Failure to contain a leak
• Improper spill cleanup
• A fire involving stored chemicals

Not every chemical spill presents the same level of danger. OSHA distinguishes smaller incidental releases from substantial hazardous-substance emergencies that may require specialized emergency response.

Workers should not be expected to approach a dangerous chemical release without the training, protective equipment, and emergency procedures required for the conditions involved.

The Chemical May Not Be the Only Hazard

A serious release can create several overlapping dangers.

Flammable chemicals can ignite. Heated containers can rupture. Chemical reactions can generate additional gases or heat. Smoke from a warehouse or transportation fire may contain contaminants beyond the chemical that originally spilled.

People may also be injured while evacuating, responding to the emergency, or trying to control the release.

This is why investigators must look beyond the question of what spilled. They must determine what caused the release, how the material behaved afterward, how people were exposed, and whether safety failures worsened the consequences.

Symptoms Can Develop Immediately or After the Exposure

Chemical exposure does not produce one universal set of symptoms. Effects vary significantly depending on the substance, the amount, and the route of exposure.

Potential warning signs after a serious release can include:

• Difficulty breathing
• Persistent coughing or wheezing
• Chest tightness
• Burning eyes
• Skin irritation or chemical burns
• Headache
• Dizziness
• Confusion
• Nausea or vomiting
• Loss of consciousness
• Unusual weakness or fatigue

Anyone experiencing symptoms after a chemical emergency should seek appropriate medical attention. CDC guidance directs people exposed during a chemical emergency to move away from the release, remove contamination from their bodies, and seek help from emergency services, Poison Control, or medical providers, as appropriate.

More serious exposures can result in toxic chemical exposure injuries involving respiratory damage, neurological complications, burns, or damage to internal organs.

What Evidence Matters After a Chemical Spill?

Determining what caused a chemical exposure requires more than proving that someone was near the scene.

A serious investigation should identify the substance, determine how it escaped containment, reconstruct how the exposure occurred, and identify each company responsible for the chemical or the conditions that allowed the release.

Important evidence may include:

• Bills of lading and shipping documents
• Hazardous-material manifests
• Safety data sheets
• Tank, container, valve, or packaging records
• Surveillance and dash-camera footage
• Railroad event and inspection records
• Truck electronic data
• Warehouse inspection records
• Maintenance and repair histories
• Loading and unloading procedures
• Employee training records
• Emergency response plans
• Air, soil, surface, or water sampling
• Photographs and videos from the scene
• Witness accounts
• Fire department and hazardous-material response records
• Medical records documenting symptoms and treatment

Environmental sampling and exposure data can become particularly important when toxic fumes or contamination spread away from the original release point.

More Than One Company May Be Responsible

Chemical transportation and storage involve multiple companies, and liability may extend beyond the business where the spill physically occurred.

Depending on the facts, potentially responsible parties may include:

• Rail carriers
• Trucking companies
• Chemical manufacturers
• Shippers
• Cargo loaders
• Warehouse operators
• Property owners
• Maintenance contractors
• Tank or container manufacturers
• Valve and equipment manufacturers
• Outside safety or response contractors

A defective container may allow a chemical to escape. A loading company may place incompatible or improperly secured materials into transportation. A warehouse operator may fail to protect chemical storage areas from forklift traffic. A carrier may fail to maintain equipment used to transport hazardous cargo.

Identifying every company that controlled part of the process can be critical in catastrophic injury and wrongful death cases.

Preserving Evidence After a Serious Chemical Exposure

Once emergency cleanup begins, the physical scene can change quickly. Containers may be removed, damaged equipment repaired, contaminated materials discarded, and surveillance footage overwritten.

For that reason, people seriously injured in a chemical spill should preserve available information without putting themselves at further risk.

That may include photographs taken from a safe location, emergency alerts, evacuation notices, medical records, witness names, employer communications, and information identifying the chemical involved.

Contaminated clothing or property may also have evidentiary value, but people should follow emergency and medical instructions for handling contaminated materials rather than risking additional exposure.

Chemical Spill Injuries Require a Broader Investigation

Train derailments, tanker crashes, and warehouse releases can involve transportation negligence, workplace safety failures, defective products, inadequate chemical warnings, environmental contamination, and emergency response issues simultaneously.

McEldrew Purtell investigates catastrophic toxic exposure, transportation, workplace, and fire and explosion cases to determine what caused the release, how the exposure occurred, and which companies may be responsible.

If you or a family member suffered catastrophic injuries after a train, truck, or warehouse chemical spill, or if an exposure resulted in a death, contact McEldrew Purtell for a free consultation. Attorneys evaluating a serious chemical-exposure matter may also contact us to discuss a referral or co-counsel opportunity.