Environmental negligence, from prescribed burns, wildfires and floods, to toxic contamination and failed evacuations, families and entire communities. At Clark, Fountain, Littky-Rubin & Whitman in Palm Beach Gardens, Florida, our environmental negligence lawyers bring over 200 years of collective experience and a record of recovering over $1 billion in verdicts and settlements to hold negligent parties accountable.

From New Mexico’s 2022 Hermits Peak/Calf Canyon Fire to Florida’s contamination crises, we fight for compensation for injuries, property loss, and wrongful death. Below, we outline our comprehensive approach to environmental negligence cases, giving victims and their families the legal representation they need to pursue justice.

What Is Environmental Negligence?

Environmental negligence occurs when corporations, developers, or government agencies fail to exercise reasonable care, causing harm to the environment or public health. This includes mismanaged controlled burns, neglected infrastructure, or improper handling of hazardous substances. Our firm builds robust cases by proving:

• A duty existed to prevent environmental harm.
• That duty was breached through negligence or inaction.
• The breach caused injury, death, or property damage.
• Victims suffered quantifiable losses, such as medical costs or lost property.

Our Experience in Complex Litigation

Our firm has experience in litigating complex environmental cases, with landmark victories including a $4.25 million FTCA wrongful death settlement secured by Daniel D. Walker and Mark Clark resulting from an environmental disaster in New Mexico. Our firm excels in complex negligence cases, with landmark victories including a $100 million settlement against Malibu Boats, LLC, secured by Don Fountain for defective systems, and an $86 million wrongful death settlement led by Ben J. Whitman.

Our attorneys collaborate with top environmental experts, including engineers, toxicologists, and hydrologists, to uncover negligence and build strong cases.

Wildfire Mismanagement and Controlled Burn Failures

Mismanaged controlled burns can ignite catastrophic wildfires, as seen in New Mexico’s 2022 Calf Canyon/Hermits Peak Fire, the state’s largest, which burned 341,471 acres and destroyed 903 structures due to U.S. Forest Service errors. We represent victims of:

• Inadequate firebreaks or containment lines.
• Prescribed burns conducted during high-risk weather, such as the windy conditions that fueled the 2022 fire.
• Failure to warn nearby residents.
• Delayed fire suppression efforts.
• Failure to warn and protect against floods resulting from burn scars.
• Failure to implement adequate early warning systems.

Our team works with fire behavior analysts and medical experts to secure compensation for burns, smoke-related illnesses, and property loss.

Catastrophic Flooding and Infrastructure Negligence

Floods often result from human error, such as poorly maintained levees or overdevelopment in flood-prone areas. In 2025, South Florida faced severe flooding due to outdated stormwater systems, impacting thousands of residents. We represent victims of:

• Neglected dams, culverts, or drainage systems.
• Illegal terrain alterations disrupting natural runoff.
• Negligent urban planning in high-risk zones. Our hydrologists and civil engineers trace the root causes, holding developers and municipalities accountable for property damage and injuries.

Toxic Exposure and Chemical Contamination

Exposure to hazardous substances, such as PFAS, often called ‘forever chemicals,’ do not break down naturally and have been linked to cancer, liver damage, and other serious health conditions, VOCs, or asbestos, can cause cancer, respiratory illness, or neurological damage. In 2024, a Florida groundwater contamination case involving PFAS from industrial runoff raised significant public health concerns.

We represent clients harmed by:

• Industrial runoff from agricultural or manufacturing operations.
• Lead or asbestos from aging infrastructure or demolition.
• Air pollution from refineries or shipping ports. Using toxicology reports and environmental testing, we secure compensation for medical costs, health monitoring, and punitive damages.

Failure to Evacuate and Employer Negligence

When corporations fail to evacuate workers in the face of an impending disaster, the consequences can be devastating. Employers have a duty to act quickly when government agencies issue evacuation orders, ensuring employees have the time and means to reach safety. When they choose to delay or ignore these orders, the results are often fatal.

One widely reported example is Hurricane Helene, which became the deadliest U.S. hurricane since Katrina. In Erwin, Tennessee, 11 employees of Impact Plastics were swept away in floodwaters after the company allegedly failed to evacuate staff despite urgent warnings. While our firm did not represent these families, this tragedy underscores the devastating consequences of corporate inaction during disasters.

Our team investigates failure-to-evacuate cases by reviewing:

• Employer communications and decision-making before and during the disaster.
• Compliance with OSHA regulations and state emergency protocols.
• Systemic failures in evacuation planning and emergency preparedness.

We also represent families impacted by failures to evacuate nursing homes, assisted living facilities, warehouses, and other workplaces during natural disasters or industrial accidents. Our goal in these cases is to hold corporations accountable so that preventable tragedies like this never happen again.

Who Can Be Held Liable?

Liability for environmental negligence often involves multiple parties, including:

• Government agencies, such as the U.S. Forest Service, for mismanaged burns (e.g., the 2022 Calf Canyon/Hermits Peak Fire).
• Developers who ignore environmental regulations and build in high-risk areas without adequate safeguards.
• Corporations responsible for contamination, such as the 3M Company, which recently agreed to a $10.3 billion settlement for polluting Stuart, Florida’s water supply with PFAS “forever chemicals” used in firefighting foam and consumer products
• Utility companies with faulty or poorly maintained equipment that sparks wildfires or contributes to flooding.
• Our attorneys navigate these complex claims under the Federal Tort Claims Act (FTCA) and Florida statutes, overcoming immunity challenges to hold negligent parties accountable and secure justice for affected communities.

Statutes of Limitations and Filing Deadlines

In Florida, environmental negligence claims typically have a two-year statute of limitations, but government claims are stricter:

• FTCA claims require an administrative filing within two years.
• Florida government claims may need notice within three years, but the statute of limitations can vary, and is now typically controlled by the shortened statute of limitations period of two years.

Because these deadlines are strict and missing them can bar recovery, it is critical to consult an attorney as soon as possible.

Our Investigative Process

Our rigorous approach includes:

• Drone and satellite imaging of affected sites.
• Soil, water, and air testing by accredited labs.
• GIS mapping to analyze fire or flood patterns.
• Medical and toxicology analysis for exposure cases.
• Review of permits, inspection logs, and regulatory filings. We work on a contingency basis: you pay no fees unless we win.

Damages You Can Recover

We fight for:

• Medical expenses, ongoing care, and health monitoring.
• Lost wages or diminished earning capacity.
• Property damage and environmental remediation.
• Emotional distress and reduced quality of life.
• Court-ordered cleanups or injunctions to halt hazards.

In cases of gross negligence or willful misconduct, we also pursue punitive damages. These damages punish wrongdoers and deter similar behavior in the future.

Why Clark, Fountain, Littky-Rubin & Whitman?

Based in Palm Beach Gardens, our firm combines local commitment with national reach, co-counseling with top attorneys across the U.S. Our accolades, including U.S. News – Best Lawyers® “Best Law Firm” (2023) and AV® Preeminent™ ratings, reflect our excellence. Attorneys like Don Fountain, who secured a $100 million settlement against Malibu Boats, LLC, deliver personalized, aggressive advocacy.

Take Action Today

Environmental negligence can devastate lives, but our Palm Beach Gardens environmental negligence attorneys are here to help. Time limits for these claims are short. Call Clark, Fountain, Littky-Rubin & Whitman today at 561-899-2100 or contact us online to preserve your rights and begin building your case.

Why Choose Our Environmental Negligence Attorneys?

With over $1 billion recovered, including a $4.25 million wrongful death settlement secured by Daniel D. Walker and Mark Clark resulting for an environmental disaster in New Mexico,  our team delivers results. We blend compassion with expertise, ensuring corporations, developers, and agencies answer for their failures. Whether you’re in Florida or impacted by national disasters, such as New Mexico’s wildfires, our environmental injury lawyers are ready to fight for you. Contact us today to rebuild and recover.