WAVE 3 TV Louisville, KY | Attorney files first lawsuits as result of train derailment

Attorney files first lawsuits as result of train derailment

By Maureen Kyle

(LOUISVILLE) -- On Thursday, the first lawsuits were filed against CSX for Tuesday's train derailment and explosion that forced hundreds of people from their home. Those who are suing -- and many who are not -- are concerned about property damage and possible long-term effects. WAVE 3's Maureen Kyle has more on the lawsuit and what people can do if they believe they have a claim.

For the first time Thursday, people who live close to the site of the explosion were allowed back inside their homes, if only briefly.  

But what are they coming home to -- what effect did the toxic chemicals that burned for two days have on their property?

Over the next couple weeks, Bullitt County residents will be assessing the damage, both obvious and subtle.

For Ronnie Basham, the damage to his home was hard to miss. He says his house is "30 feet from the railroad tracks."

From the hotel room provided by CSX, Basham watched Wednesday as the fiery pit of butadiene threatened his home.

Right after the crash, Basham claims he could see the paint bubbling on the side of his home that faces the blaze.

"I don't think I can get back to my house. I think it's contaminated. Wouldn't you?"

Basham told us he met with his lawyer to discuss what type of legal action he can bring against CSX rail line.

And he wasn't alone.

"The lawsuit we filed today was filed in federal court in Louisville," said Basham's attorney, Lee Coleman, who filed claims on behalf of seven plaintiffs.

CSX is likely to face lawsuits involving personal injury, property loss or damage, loss of income and business. It could also be sued by those who were forced to evacuate or forced to shelter in place -- meaning they were forced to stay in their homes during the incident.

Coleman says he expects more people to join the lawsuit. "There's a possibility -- depending on how close somebody is and the fallout -- it's possible you can have land that needs to be reclaimed or cleaned or whatever, and that remains to be seen."

As the number of people alleging damage or loss grows, Coleman expects he will ask a judge to consider this case against CSX a class action lawsuit.

"We believe it is," Coleman said, "because you have a single incident -- the train derailment -- and all the fires and all the problems from that, that one incident has caused a large number of claims."

People receiving assistance from CSX told us Thursday they were offered a check for their inconvenience.

According to Coleman, residents need to be wary of any release they sign to accept money.

If a release is signed in exchange for money, it will be difficult to join any lawsuit against CSX.

Coleman advises residents to assess their property damage -- or any other losses -- before accepting a lump sum from the rail line.

Online Reporter: Maureen Kyle

Online Producer: Michael Dever