Fracking-Related Personal Injury Claims Given Green Light

The Illionois oil industry may not be as large as Texas, or as rich as Saudi Arabia's, but it is considerable with drilling occurring in 40 counties. As it is throughout the country, the oil industry is facing new challenges related to the use of new drilling technologies, including fracking.

Among these challenges are the damages and injuries that fracking related activity can cause to those who are not directly involved in the procedure. One such case is currently being litigated in Oklahoma right now. This past month, the Oklahoma Supreme Court issued an opinion in Landra v. New Dominion, LLC that will allow plantiff's to pursue damages related to personal injury caused by fracking activity.

In their suit, Landra is seeking both compensatory and punitive damages related to the disposal of wastewater. She claims that she was inured when a 5.0 earthquake hit her home, causing damage to her fireplace; the falling rocks from which subsequently fell on her knees and legs causing considerable injury. Landra claims that the earthquake was a direct result of the defendant's fracking practices.

Lake County personal injury attorney Bogie Martinovich commented on the case by saying,"The link between fracking and earthquakes is tangential right now. Studies by the US Geological Survey have shown a plausible link, but there's no definitive proof. As such, while Landra has the right to seek personal injury compensation, her attorney's will now have to proof that link. That will be no small task."

Given the prevalence of oil drilling in the southern part of Illinois, and the controversies surrounding fracking, the case is sure to be followed closely. Should Landra succeed, it will give additional protection to residents and property owners impacted by fracking related activities. However, given the difficulty in proving a direct cause/effect relationship, having a jury accepts that link and award compensation will be challenging.

"For now, the Oklahoma Supreme Court has decided that legal activity related to hydraulic fracturing is not simply regulatory or environmental. The human element has now been included, and that will make it easier for plaintiffs to seek damages for injury caused by fracking related activities," remarked Lake County personal injury attorney, Bogie Martinovich.

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