The Conoco Soil Case: Can Homeowners Recover for Asbestos Contamination?

The Westlake Asbestos Incident: How Conoco Soil Reached Louisiana Lawns

When asbestos is mentioned, we often think of shipyards and refineries. However, as the families of Westlake, Louisiana, discovered, the danger can literally land on your front lawn. The landmark case of Bonnette v. Conoco, Inc. changed the way we look at environmental contamination, proving that a company’s accountability doesn’t end when the soil leaves their property. If your home has been affected by industrial run-off or toxic waste, you aren’t just fighting for your health—you are fighting for the value of your most important asset.

In the mid-1990s, a construction project in Westlake, Louisiana, led to the distribution of asbestos-contaminated soil to local homeowners. While the company did not intentionally poison the community, the legal fallout of Bonnette v. Conoco established the “Standard of Care” for the removal and disposal of toxic substances. If a company fails to perform visual surface tests or soil contamination screenings, they can be held liable for the “messy issues” that follow for decades.

n 1994, Conoco, Inc. initiated construction on a project that required the demolition of abandoned homes in Westlake, Louisiana. Along with demolition, the project required the evacuation and removal of soil. The soil, which contained asbestos, was distributed to homeowners that spread the soil on the lawns of their homes.

According to La. C.C. art. 2315.2:

“In addition to general and special damages, exemplary damages may be awarded, if it is proved that plaintiff’s injuries were caused by the defendant’s wanton or reckless disregard for public safety in the storage, handling, or transportation of hazardous or toxic substances.”

Here, it was not proven that Conoco’s behavior was “wanton and reckless”, nor were their actions deemed highly unreasonable or involving an extreme departure from ordinary care. As an employer/employee involved in the removal or disposal of asbestos containing material, you have a duty to take reasonable steps to prevent public exposure. Steps include:

(1) visual surface test
(2) soil contamination test
(3) Option to replace contaminated soil, or sufficiently cover contaminated soil
In addition to punitive damages, the homeowners sought to recover (i) increased risk of developing asbestos related cancer, (ii) damages for mental anguish, and (iii) diminished property values. The requirements to recover under each claim are put forth below.

Increased Risk

In Conoco, homeowners sought damages for “slight” exposure to asbestos, which only “slightly” increased the risk of contracting related cancer. As such, Louisiana does not allow recovery for a “slightly” increased risk of developing cancer. You must show that you are likely to contract cancer from “significant” exposure, the mere possibility is not sufficient. Expert witnesses, i.e. doctors and asbestos specializes, may be necessary to prove exposure levels.

Mental Anguish Without Injury: The “Serious Distress” Standard

Can you sue for the fear of getting sick? In Louisiana, the answer is “yes,” but the bar is high. To recover for mental anguish related to asbestos exposure without a manifest physical injury, you must prove a particular likelihood of genuine and serious mental distress. The courts enforce this “Strict Language” to prevent frivolous suits, but for families living on contaminated land, the anxiety of potential future illness is a very real, compensable damage.

Mental Anguish
Louisiana courts have been more inclined to award damages for mental anguish when it is accompanied by a manifest physical injury. However, to receive damages for mental anguish and emotion distress related to asbestos exposure, you must show, absent any physical injury, that you have a “particular likelihood of genuine and serious mental distress arising from the circumstances.” The strict language has been enforced to prevent frivolous suits from litigation.

The “Stigma Effect”: Recovering for Diminished Property Value

One of the most powerful lessons from the Conoco case is the Stigma Effect. Even if a lawn is cleaned, the “negative connotation” of asbestos remains in the public record. In Louisiana, if you can prove that potential home-buyers will be deterred by a history of contamination—leading to a “red flag” during the sale—you may be entitled to recover for the drop in property value. In the Westlake case, this “stigma” resulted in a 10% valuation loss for the affected homes.

Diminished Property Value

A property’s exposure to asbestos can have a direct and significant impact on the value of the home. In the present case, homeowners introduce what is called the “stigma effect” to show that the value of their property experienced a 10% drop. In short, “when the owners attempt to sell their property, they will have to disclose the fact that the property had once been contaminated with asbestos-containing soil. “Asbestos” certainly carries a negative connotation and will raise a red flag to potential home-buyers. Home owners in Westlake with known asbestos exposure should consider these issues when selling and purchasing homes. Learn how the Louisiana Products Liability Act applies to substances that enter your home environment. To meet the ‘Significant’ exposure standard required in the Conoco case, you need expert witnesses and specific environmental testing.

All in all, asbestos is obviously a messy issue that all parties involve was never a problem. In the instance mentioned above, there were a lot of complex legal assertions and claims that all derived from a simple error that was likely a common mistake. While manufacturers or companies may not have intentionally allowed the substance into the air or everyday lives of families across Louisiana, they owe an accountability for the error in their ways. Only through proper legal representation can someone exposed hope to get the settlement or ruling that truly meets their interests and not the company’s bottom line.

Asbestos is more than a medical hazard; it is a financial and emotional burden that stays with a property forever. Whether you are dealing with the ‘stigma effect’ on your home’s value or the genuine mental distress of exposure, the law provides a pathway to justice. Contact the Berniard Law Firm today for a free review of your property contamination claim and let us help you hold negligent companies accountable for the ‘error in their ways.