Environmental Negligence in the Woburn Case from the Film A Civil Action
Introduction
The Woburn Case is the main case considered in the famous legal drama film A Civil Action. The case provided concerns 12 tragic deaths of children from leukemia over the past 15 years in a small Massachusetts town. The spread of the disease occurred due to contamination of local water resources with toxic chemical waste from two large corporations. These corporations are W.R. Grace and Beatrice Foods, and they are accused of negligent disposal of dangerous toxic chemicals. In addition to deaths, polluted water has significantly increased disease among the city’s population.
Facts
The plaintiffs argue that the companies knowingly dumped hazardous chemicals, and the water was contaminated with trichloroethylene, a probable carcinogen. The companies were accused of willful negligence, causing conscious pain and suffering, and wrongful death. A large number of residents got sick from the contaminated water; 12 children died of leukemia in the last 15 years. The companies issued a motion to dismiss the case based on Rule 11 of civil law, which indicates a lack of exceptional circumstances in the pleading, which they were denied.
Issue
Can W.R. Grace and Beatrice Foods be held legally responsible for polluting the waters with harmful chemicals and subsequently causing the diseases and deaths in Woburn?
Law
Negligence – “someone suffers injury because another fails to fulfill a required duty of care” (Miller 188).
Conclusion
W.R. Grace and Beatrice Foods are liable for negligence for the damage caused to the people of Woburn. The case is a complex and lengthy process of obtaining convincing evidence of the accused’s guilt. So, when faced with mighty industrial giants, accurate and sufficient evidence must be obtained that they contaminated water with toxic substances that caused diseases and the death of children from leukemia. Thus, this case shows the challenging pursuit of environmental litigation against powerful corporations and the significant impact on the affected community.
Works Cited
“Legal Definition of Sanctions Rule 11: What You Need to Know.” Upcounsel, Web.
Miller, R. L. Business Law Today – The Essentials: Text & Summarized Cases (13th ed.). Cengage Learning, 2021.