Texas Law Firm Questions Water Use for Fracking During State's Record Drought

Houston, Texas (PRWEB) July 13, 2011

Houston property contamination attorneys Kurt Arnold and Jason Itkin today called for more scrutiny of hydraulic fracturing in Texas as the state’s drought continues into record-breaking territory.

Hydraulic fracturing, or “fracking,” is a process of pumping water and chemicals into the ground to break up shale rock and free oil and natural gas for extraction. The process, which has come under fire primarily because of the toxic chemicals used, is also receiving scrutiny in the Lone Star State because it requires millions of gallons of water to open a single well.

“When news reports say the current drought is now the most severe since record-keeping began 116 years ago, it is time to reassess all discretionary uses of water,” said Arnold, a Houston lawyer and co-founding partner of Arnold & Itkin LLP.

“If you’re using millions of gallons of water in a process that is suspect in the first place, that’s certainly a place to cut back, if not a practice to consider suspending until the drought eases.”

The attorneys of Arnold & Itkin LLP, a nationally recognized Houston personal injury law firm , have assisted several clients throughout Texas and elsewhere with claims of toxic exposure resulting from groundwater and property contamination related to fracking.

“We recognize the number of jobs created by the Eagle Ford Shale fracking project in South Texas, but we suggest that the drilling must be done responsibly to avoid damaging people’s lives and property,” said Itkin, a Houston attorney who along with Arnold has won dozens of multi-million-dollar judgments and settlements for Texans injured by corporate negligence and product failures.

“We’re also pleased by our state’s approval of the nation’s first law requiring drillers to publicly disclose the chemicals they use in fracking,” Itkin continued. “But that law goes into effect in July 2012, which is a long way away. Fracking remains a potentially dangerous and, during a drought, wasteful practice.”

Arnold and Itkin said that anyone who believes their property or groundwater has been contaminated by fracking or other industrial use of chemicals should seek experienced legal help to protect their property values and personal rights.

“While water conservation is a civic duty we can advocate, refraining from contaminating groundwater and endangering people is a legal duty that we are certainly ready to take action to see enforced,” Arnold said.

CPA Introduces Strict Liability in Defective Product Claims - The ...

April 1, 2011 The Consumer Protection Act (CPA) has introduced the concept of “strict liability” on the supplier of goods.

Essentially, this means that the consumer does not need to prove negligence on the part of the supplier, however the consumer is required to prove harm i.e. a causal link between a product failure, defect or hazard in any goods and the harm suffered by the consumer.

The producer, importer, distributor or retailer of that product failure, defect or hazard in any goods is jointly and severally liable.

Therefore a consumer who suffers harm from a defective product can bring a claim against any person in the supply chain, the consumer would no longer have to trace back the supply chain to the actual point of origin of the said product, hence a more simplified redress.

The Crim Law Firm will be following this new concept closely.  It has not been applied in a court setting but the implications for defective product lawsuits is significant.

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