Toxic Tort Claims in Savannah, GA: Can Pollution From a Neighboring Property Lower Your Land Value?

Most coastal Georgia property owners find out their land is contaminated from a letter, not from the polluter. Andy Conn of Conn Law Firm in Savannah breaks down land devaluation toxic torts: how a plume migrates onto your land through groundwater and vapor, the nuisance and trespass theories that name the claim, how lost value and cleanup costs are proven, and why ongoing pollution can restart Georgia's filing clock every single day. Questions answered in this episode: What legal claim do you have when someone else's pollution reaches your land? How is this different from the mass tort cases advertised on TV? What is vapor intrusion and how does it get into your home? What is the difference between a nuisance claim and a trespass claim? What are stigma damages after a cleanup is finished? Who can be held responsible for the contamination? How long do you have to sue in Georgia? Topics covered: groundwater plumes and down-gradient migration, vapor intrusion, private nuisance, trespass, strict liability for abnormally dangerous activity, hydrogeologists and environmental engineers, diminution in value, remediation cost, stigma damages, loss of use and lost profits, medical monitoring, punitive damages, Superfund and brownfield sites, the EPA and Georgia EPD, and the continuing tort rule. Andy Conn on why these cases get overlooked: "There's a ton of different ways to recover, and you don't just have to pursue one." Andy Conn on the law and land: "All land is unique, and the law actually recognizes that land is unique." Andy Conn on the continuing tort rule: "The plume that still exists is still flowing from the bad person's property to my property, and so you still have a claim." Free consultation: connlawfirm.com Phone: (912) 373-8642 Office: Savannah, GA #ToxicTort #GroundwaterContamination #VaporIntrusion #StigmaDamages #SavannahPropertyLawyer #SuperfundSite The information shared in this episode is for educational purposes only and is not legal advice. Every case is different. Past results do not guarantee future outcomes. To discuss your specific situation, contact Conn Law Firm or a licensed attorney in your jurisdiction. Chapters 00:00:00 Welcome back to Savannah Car & Truck Accident Law w. Andy Conn 00:01:45 What Legal Claim Do You Have When Pollution Reaches Your Property? 00:03:10 Has Conn Law Firm Handled a Georgia Land Contamination Case? 00:04:05 What Is a Land Devaluation Toxic Tort vs a Mass Tort TV Ad? 00:05:30 How Does Industrial Pollution Travel Onto Your Land? 00:07:25 What Is Groundwater Contamination and Why Does It Spread? 00:09:00 What Is Vapor Intrusion and How Does It Get Into Your Home? 00:10:25 How Do You Test a Home for Vapor Intrusion? 00:11:05 What Is a Private Nuisance Claim Under Georgia Law? 00:12:35 Trespass vs Nuisance: What's the Difference in a Contamination Case? 00:13:50 When Does a Polluter Face Strict Liability in Georgia? 00:14:45 How Do You Prove the Contamination Came From That Neighbor? 00:16:40 What Is a Hydrogeologist and Why Does the Case Need One? 00:18:40 Does Contamination Actually Lower Your Property Value? 00:21:20 What Is Diminution in Value and How Is It Calculated? 00:22:35 What Are Stigma Damages After a Cleanup Is Finished? 00:23:50 How Do Google and Zillow Make Contamination Stigma Worse? 00:24:40 Can You Recover the Cost of Cleaning Up Your Own Property? 00:25:50 Can You Recover Lost Business Profits During Remediation? 00:26:50 Can You Recover for Medical Monitoring After Toxic Exposure? 00:28:15 Who Can Be Held Responsible? Current Owner, Former Owner, Manufacturer 00:30:40 What Is a Superfund Site vs a Brownfield Site in Georgia? 00:32:10 Do the EPA and Georgia EPD Have to Notify You? 00:33:25 Do the EPA and Georgia EPD Clean It Up, or Do You Still Sue? 00:34:25 How Long Do You Have to Sue in Georgia? The Continuing Tort Rule 00:35:40 What Is the First Step If You Suspect Your Land Is Contaminated? 00:36:50 Andy Conn's Advice for Georgia Property Owners