New York Water Contamination Lawsuit [2024 Update]

The New York Water Contamination Lawsuit is an active lawsuit

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New York State, also known as the “capital of the world,” has a long and rich history that also includes water contamination. Unfortunately, many Americans have developed serious health conditions after long-term exposure to toxins like PFAS or high levels of lead. This exposure has contributed to the thousands of lawsuits being filed across the United States from victims of unsafe water. 

New York Water Contamination Lawsuit Overview

New York’s history dates back to the early 17th century. It played a critical role in establishing the American economy and was a central location for the Revolutionary War. New York grew quickly after the war, especially once the Erie Canal was completed in 1825 to connect the Atlantic Ocean to the Great Lakes. The canal solidified the state’s role as a commercial powerhouse and propelled its economic success. 

Today, New York still plays a large role in the country’s economy. It supports a series of industries including finance, culture, media, manufacturing, healthcare, technology, education, law, politics, and much more. Through various military and industrial initiatives, the state has dealt with contamination concerns, including involving PFAS, a group of substances that can cause cancer. As a result, more and more lawsuits are being filed in New York each month as victims of wrongful exposure seek justice and compensation for their pain and suffering. King Law is dedicated to representing those impacted by contaminated drinking water.

New York Water Contamination Lawsuit Updates

New York State follows federal drinking water regulations and continues to implement county- or region-specific standards when needed to help protect the public. For example, there is federal guidance for the Great Lakes System as well as the Hudson River watershed. In 2022, Governor Kathy Hochul sparked awareness of unsafe drinking water by putting a new law in place that allowed legal action against polluters outside of the statute of limitations. However, Environmental Advocates NY felt that it wasn’t enough as it let concerning levels of PFAS in drinking water continue. It wasn’t until April 2024 when federal regulations were put in place to establish enforceable PFAS limits (4 ppt for PFOA and 4 ppt for PFOS). 

New York is one of many states now faced with hefty potential bills to implement new filtration systems across the state to get PFAS levels below the 4 ppt limits. This has also propelled more and more PFAS lawsuits from individuals who have consumed contaminated water and then developed a serious health illness.

About New York Water Contamination:

History of Water Contamination in New York

Multiple communities throughout New York struggle with contaminated drinking water. Despite efforts to monitor and treat water supplies, New York residents continue to consume water with unsafe levels of toxins like PFAS, or, “forever chemicals.” 

• April 2024: As the EPA sets its first set of enforceable drinking water limits for PFAS, many states, including New York, face high costs to install new filtration systems to remove the toxin. 
• March 2024: New York legislators begin discussions around a ban on selling and distributing PFAS products in the state. 
• 2024: Findings show that around 50% of New York’s public water systems contain PFAS with around 250 of them exceeding drinking water standards of maximum contaminant levels (MCLs). 
• February 2023: The EPA announced that more than $83.7 million of Biden’s Bipartisan Infrastructure Law to address contaminants like PFAS would be dedicated to New York drinking water. 
• 2022: Sampling from 2021-2022 found PFAS in all of New York’s Great Lakes with the highest levels in Lake Ontario. 
• 2021: A $65 million settlement regarding PFAS water contamination in Hoosick Falls, NY propels concern about elevated levels of forever chemicals and encourages other impacted communities to seek legal action. 
• 2020: New York State set MCLs for PFAS with an anticipated implementation timeline of five years. 
• 2019: Fort Drum is flagged as one of many military sites with water contamination, including PFAS, prompting a flurry of military water contamination lawsuits. 

Sources of Water Contamination in New York

There are many different potential sources of water contamination in New York State, including commercial and industrial activity, agricultural work, aging plumbing, byproducts of water disinfectants, pesticide use, landfills, and improper waste disposal. Military bases are one of the largest sources of PFAS contamination as bases have relied on PFAS-containing firefighting foam to extinguish and maintain fires. 

New York State military bases with known PFAS water contamination include: 

• Military bases: Fort Drum, Niagara Falls Air Reserve Station, Gerry Reserve Center, Horsehead TNG Site, Seneca Lake, Seneca Army Ammunition Plant, Defense Fuel Support Point Verona, Griffiss Air Force Base, Schenectady Airport, Stewart International Airport, West Point Military Reservation, Camp Smith, Watervliet Arsenal, Plattsburgh Air Force Base, Bethpage NY NWIRP, Calverton NWIRP, and Gabreski Air National Guard Base. 

Some significant PFAS test results at various New York locations include: 

• Hancock Field Air National Guard Base (2019): 139,500 ppt for PFOS and PFOA
• Niagara Falls Air Reserve Station (2018): 1,310,000 for PFOS and PFOA
• Griffiss Air Force Base (2018): 28,100 for PFOS and PFOA
• Seneca Army Depot (2018): 89,000 ppt for PFOA
• Gabreski Air National Guard Base (2019-2020): 220,000 ppt for PFOA

New York Water Contamination Map

Our water contamination map shows areas where PFAS has been detected in New York drinking water. A significant number of New York’s impacted areas are the location, or in close proximity of, military bases where aqueous film-forming foam (AFFF) was used for decades. While some sites were previously below the EPA’s proposed PFAS limit, they are now well above the new federal regulations of 4 ppt. It’s important to note that PFAS and other contaminants can easily migrate through groundwater, expanding contamination over time. 

Contaminants Found in New York State Drinking Water

Different types of PFAS continue to be a big concern across New York State. Some of the most notable types found in New York drinking water include PFOA, PFOS, PFBS, and PFHxS. Another contaminant of concern has been lead. At high levels, lead can cause multiple health problems, especially in children. 

Per- and Polyfluoroalkyl Substances (PFAS)

Per- and poly-fluoroalkyl substances (PFAS) can contaminate drinking water through several pathways, with a significant source being firefighting foam from military bases. PFAS is a key ingredient in these foams, commonly utilized during firefighting training and emergency responses at military and industrial sites. The chemicals in the foam can enter the ground, leading to the contamination of soil and groundwater, which can eventually impact drinking water supplies.

PFAS are notoriously persistent in both the environment and the human body, earning them the nickname “forever chemicals.” Exposure to PFAS is linked to several health risks, including an increased risk of cancers such as kidney, liver, bladder, and testicular cancer, as well as liver damage, immune system suppression, thyroid disease, and ulcerative colitis.

PFAS water contamination is a concern throughout the state of New York. Unsafe levels of these chemicals is linked to:

• Birth defects
• Bladder cancer
• Breast cancer
• Changes in liver enzymes 
• Decreased vaccine effectiveness
• Hodgkin’s and non-Hodgkin’s lymphoma
• Leukemia
• Lowered immune response 
• Multiple-myeloma
• Kidney cancer 
• Pancreatic cancer 
• Prostate cancer 
• Reproductive issues
• Testicular cancer 
• Thyroid cancer 
• Thyroid disease 
• Ulcerative colitis

Lead

High levels of lead have been a concern in New York, especially when they exceed 0.015 mg/L in tap water. Lead can enter water from pipes or other water fixtures, especially in homes built before 1986. New York State schools have continued to struggle with lead water, prompting state regulations that require public schools to regularly test their water and take corrective action for any lead exceedances. New York State bottled water suppliers must also test their water for lead to ensure it doesn’t exceed 0.005 mg/L. High levels of lead can cause lead poisoning, especially in young children who can absorb the toxin easier than adults. It can damage brain development, the kidneys, and the nervous system, while also causing seizures, loss of consciousness, and even death.

Current Water Quality in New York

Water quality in New York varies based on the city or county. In general, New York has safer water than some other states with a plethora of contaminants exceeding health guidelines. However, there are still exceedances, especially when it comes to PFAS. New York provides online resources to look up specific water quality reports, which are typically created yearly for public access. 

Water Treatment Efforts in New York State

New York State has taken efforts to provide clean drinking water for all communities by upholding federal standards and creating state-level regulations. Governor Cuomo helped establish the 2017 Clean Water Infrastructure Act and the FY 2020 Enacted Budget which provided $3 billion to address key issues impacting drinking water. One of the largest areas to address was New York’s aging water infrastructure that was polluting drinking water with sewage, bacteria, and other toxins, especially through water main breaks.

Health Risks and Symptoms Linked to Drinking Water in New York

There are many different health risks associated with drinking PFAS-contaminated water in New York, including: 

• Birth defects
• Bladder cancer
• Breast cancer
• Changes in liver enzymes 
• Decreased vaccine effectiveness
• Hodgkin’s and non-Hodgkin’s lymphoma
• Leukemia
• Lowered immune response 
• Multiple-myeloma
• Kidney cancer 
• Pancreatic cancer 
• Prostate cancer 
• Reproductive issues
• Testicular cancer 
• Thyroid cancer 
• Thyroid disease 
• Ulcerative colitis
• Liver cancer 

If you know or suspect you’ve been exposed to contaminated drinking water, notify your healthcare professional. Proper check-ups and screenings can help monitor for serious health conditions and ensure prompt treatment. You should also consider your legal options, which could help you recover compensation to assist with lost wages and medical bills. 

Eligibility Criteria for the New York State Water Contamination Lawsuit

To be eligible for a New York State water contamination lawsuit, individuals must meet specific criteria:

Duration of Exposure: Individuals must have lived or worked in the state for at least six months during the identified contamination period.

Specific Diagnoses: Our firm is evaluation cases with a diagnosis of:

• • Kidney cancer 
  • Liver cancer 
  • Testicular cancer 
  • Thyroid cancer 
  • Thyroid disease 
  • Ulcerative colitis

Supporting Documents: Necessary documentation includes medical records proving diagnoses and proof of residence or employment during the contamination period (e.g., utility bills, lease agreements, employment records).

These factors are critical in building a strong legal claim and solidifying any chance for compensation eligibility. Consulting with specialized attorneys, like those at King Law, is essential to navigate the legal process effectively.

New York Water Contamination Settlement and Payout Amounts

Several key factors will influence settlement amounts in New York water contamination lawsuits. The extent of exposure to contaminants and the documented health impacts, such as cancer or chronic illnesses directly linked to these contaminants, are crucial in determining compensation. Additionally, the length of time someone lived or worked in the affected area can affect the settlement, with longer exposure typically leading to higher payouts. Younger individuals at the time of diagnosis or those with prolonged illnesses might receive larger settlements due to the greater impact on their quality of life and future earning potential.

Settlements could range from $30,000 to $300,000 depending on the exposure and diagnosis. It’s important to remember that settlements are generally lower than potential trial verdicts, as they offer a balance between risk and reward. Those affected in New York should consult legal experts to explore their options for compensation.

How to File a New York State Water Contamination Lawsuit

Filing a lawsuit for water contamination in New York requires a thorough and organized approach, along with attention to local legal requirements. Here’s a step-by-step guide to help navigate this complex process:

• Initial Consultation: Start by meeting with an attorney who specializes in environmental law and water contamination cases. This consultation will help determine the strength of your claim and outline the legal process.
• Gather Evidence: Collect all relevant documentation to support your case, including medical records, proof of residence or employment, and environmental reports.
• Legal Filing: Your attorney will draft and submit the necessary legal paperwork, such as the complaint, which details your allegations and the damages sought. This must be done within New York’s statute of limitations, usually two years from when the injury was discovered or diagnosed.
• Pre-Trial Procedures: Participate in pre-trial activities like discovery, where both sides share evidence and information. This phase may also include depositions and interrogatories to gather additional details.
• Settlement Negotiations: Many cases are settled before trial through negotiations. Your attorney will work to secure a fair settlement that compensates you for your losses.
• Trial: If no settlement is reached, the case will go to trial. Your attorney will present evidence and argue your case before a judge or jury, who will determine the outcome and potential compensation.

Working with an attorney experienced in New York’s environmental regulations and legal landscape is crucial. They can navigate the unique aspects of water contamination cases in the state, ensuring you are fully represented and your case is handled effectively.

Evidence to Support Your NY Water Contamination Claim:

Proving claims in New York water contamination cases requires solid evidence to establish a clear link between toxic exposure and subsequent health issues. This evidence is essential for validating the claim and securing fair compensation. Key types of evidence often include:

• Medical Records: Comprehensive documentation of diagnoses, treatments, and health conditions related to toxic exposure.
• Proof of Residence or Employment: Utility bills, lease agreements, or employment records that confirm you lived or worked in the affected area during the contamination period.
• Environmental Reports: Studies and analyses showing the levels of contaminants present in the water supply.
• Expert Testimonies: Statements from medical professionals connecting health conditions to the exposure, as well as insights from environmental experts confirming the contamination.
• Personal Statements: Written accounts detailing your exposure, health problems, and the impact on your daily life.
• Photographic Evidence: Photos of contaminated areas or any visible signs of health impacts, if applicable.
• Receipts and Bills: Records of expenses for medical treatments and related healthcare costs stemming from the exposure.

Gathering and organizing this evidence is vital for constructing a strong case. Comprehensive documentation plays a crucial role in proving the legitimacy of the claim and achieving a successful outcome.

Statute of Limitations for New York Water Contamination Claims

Understanding the statute of limitations is vital for anyone pursuing compensation in New York water contamination lawsuits. Victims must file their claims within a specific period to be eligible for compensation. In New York, the statute of limitations for personal injury claims, including those related to toxic exposure, is typically three years from the date of diagnosis.

However, the deadlines for filing can vary depending on the state and the unique circumstances of each case. It’s crucial to consult with an attorney who specializes in environmental or personal injury law to ensure you don’t miss the filing deadline. Scheduling a consultation promptly can help you initiate your case and improve the chances of a successful claim.

New York Water Contamination Lawyers

King Law attorneys specialize in New York water contamination lawsuits, bringing extensive expertise in environmental cases, particularly those involving PFAS. With a deep understanding of the complexities surrounding toxic exposure, we offer a full range of legal services, including detailed claim evaluations, careful document preparation, and strong legal representation. 

For individuals affected by water contamination in New York, choosing a qualified attorney like those at King Law is essential. The legal guidance provided by experienced environmental lawyers can greatly impact the outcome of your case. King Law’s attorneys are well-versed in the specific statutes and regulations governing environmental claims, ensuring that clients meet all legal requirements and deadlines. Contact us today to schedule a free, no-obligation consultation.

Frequently Asked Questions (FAQs)

Learn more about water contamination in New York with answers to these frequently asked questions: