Filing a Claim for an Abiotic Injury and Legal Help

Abiotic injuries, or abiotic diseases, are found wherever forests exist. These diseases are present in trees, plants, and soil that grow and thrive in the forest. A tree with an injured trunk, a plant with spots from too little moisture, or soil lacking nutrients are all common signs of an abiotic injury.These injuries or diseases to trees, plants, and soil are usually caused by nonliving factors such as:

Weather (wind, temperature extremes, lightening)
Soil (minerals and moisture)

Abiotic Injuries and Liability

If you are a person who was exposed to environmental injuries and/or diseases and have suffered:

physical disability
death of a loved one
property damages

Employer Liability and Environmental Regulations

If you are an employer, manager, or landowner, you are legally responsible for preventing abiotic damages and diseases. If you are a business whose activities result in abiotic injuries or diseases, you may be in violation of environmental and employment laws under OSHA, the Environmental Protection Agency (EPA), and state laws.

Federal and state environmental laws and regulations exist for the protection of the environment, workers, and other humans:

OSHA requires that employers make sure that employees properly use equipment, tools, and chemicals at the workplace.
The EPA requires that employers make sure that employees safely use chemicals and pesticides at the
workplace so as to avoid damage to the environment and potential injuries to humans.

Whether a victim or a violator, you need the assistance of an environment accident attorney to advise you of your legal rights and responsibilities under federal and state laws.

These injuries or diseases can be caused directly or indirectly by humans and cause harm not only to the environment but also to those on or near the site of the abiotic injuries.

Causes of Abiotic Injuries

Common human causes of abiotic injuries or diseases include:

air, water, and earth pollution by toxic substances
negligent use of chemical herbicides and pesticides
logging/road-building equipment that damages tree root systems
wildfires
mercury poisonings released into the environment

The majority of abiotic injuries are a result of unsafe practices by agricultural workers such as farmers and forestry workers. Examples of environmental injuries from these workers include: Chemical spills from a truck loaded with these harmful chemicals during an accident on the road, Deadly toxic substances accidentally released into the air, water, or soil, Misuse of pesticides and herbicides, Trucks or heavy equipment such as bulldozers damaging tress, tree root systems, and soil.

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