Environmental & Toxic Torts

Litigation over environmental contamination and toxins has grown at a rapid pace. These claims often involved allegations of personal injury or damage to real property. As Colorado-based litigators with a reputation for results in the courtroom, the team at Kennedy Childs & Fogg offers a comprehensive approach to addressing environmental and toxic tort claims on behalf of our clients.

Toxic tort and environmental claims present unique challenges due to the continual evolution of the scientific, medical, forensic and legal issues involved in defending such claims. To succeed in this area of law, attorneys must be part scientist, part litigator. We immerse ourselves in both the science and the law and our team of litigators is committed to keeping on top of the most current and reliable scientific, medical and legal information available. Where appropriate, we employ Daubert and other legal doctrines to challenge expert witness testimony, narrow the issues, and seek early resolution or termination of cases based on "junk science".

Our team is equipped to handle cases involving:

• Mining operations;
• Surface and ground water contamination;
• Asbestos exposure;
• Mold;
• Silicone exposures;
• Beryllium exposures.

KCF's representative cases include:

• Secured a motion for summary judgment granted in case alleging that fungus spread by a breach in the construction containment in a hospital setting caused severe cognitive impairment of minor child;
• Represented a window manufacturer against allegation that window caused mold contamination of a residential housing unit;
• Represented an HVAC contractor alleged to have caused Legionaries Disease by improper installation of an air conditioning unit;
• Defended against a claim that the spread of asbestos or ACM material at high school caused significant delays in abatement project at high school.