Parties that are potentially responsible for residential environmental contamination in North Carolina face broad exposure and unpredictable outcomes. A recent appellate decision limiting damages commercial property owners can recover for environmental contamination to the diminution in value of the property greatly expanded the potential scope of liability for residential environmental claims. The decision recognized a personal use exception that could require responsible parties to pay well in excess of diminished value to remediate or repair residential property. When property claims are coupled with claims for non-economic injuries for diagnosed and undiagnosed conditions, the potential exposure for responsible parties in residential contamination cases can be considerable and vary greatly. A full summary of the decision is available here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.