Most complaints alleging damages to real property from environmental contamination include trespass, nuisance and negligence claims. Many involve contamination in groundwater that has migrated or continues to migrate from nearby former manufacturing facilities. Only the negligence claim survived against a polluter in KB Home Inc. v. Rockville TBD Corp., No. 49A02-0909-CV-881 (Ind. Ct. App. June 18, 2010) because the polluting activity was over and the damage had already been done when KB purchased its property. (more…)
Posts Tagged ‘environmental contamination’
Indiana Environmental Case Update: Only Negligence Survives Against a Polluter When “The Damage Has Already Been Done.”
Wednesday, June 23rd, 2010Beware of Disclaimers
Monday, April 5th, 2010When purchasing real estate, you hire many professionals to inspect the property and provide you advice. Various conditions are often reviewed including environmental contamination, termite damage, structural integrity, the operations of plumbing, electrical and mechanical systems, radon levels and boundary line encroachments. The consultants often provide you with their form of service contract immediately before performing their work. (more…)