KEY WEST TOXIC & ENVIRONMENTAL LAWYERS

Key West's most likely sources of environmental harm are hunters, factories, and tourist companies. These entities benefit from ignoring ecological regulations and often get away with it because government agencies are limited in their enforcement options. 

However, you aren’t as limited. You can file a lawsuit with the attorneys at Morgan & Morgan that will cause enough financial harm to prevent them from doing more damage in the future.

Hunters

There are two common types of hunters in Key West: trophy hunters and food harvesters. Trophy hunters actively seek endangered species because they want to pursue and claim them before they disappear forever. Food harvesters are usually fishing companies that simply do not respect the legal limits on harvesting sea life.

If you see either type of hunting activity taking place, you should record it without engaging. An environmental lawyer can use any evidence you collect to take legal action. 

If you do engage, you could be put in danger or potentially harm your lawsuit by violating the rights of the individuals, even if they were also violating regulations.

Factories

Businesses and factories located in the Florida Keys are required to be extremely careful with their waste. Trash and other debris can’t be released into the water or wetlands because it will harm the area's delicate ecosystem. 

If a business releases toxic material into the surrounding area, it could kill local animals and plant life, making the area inhospitable for years.

Factory waste can also affect humans. Should it enter the water supply, you could be slowly poisoned just by drinking water. Similarly, air pollutants can cause long-term damage to your lungs or even cancer, depending on what type of waste is released.

Tourist Companies

Tourist companies are the hardest perpetrators to deal with. They often send tours through the Keys that damage the environment but rarely do so on a consistent schedule. You need to watch for things like boats in restricted areas or tour groups that are trudging through turtle nesting grounds.

Determining whether a tourist company is harming the environment may require researching specific laws and regulations. It also will probably require an investigator to patrol areas where a tour group might arrive. 

While you are less likely to be harmed by engaging a tourist company than you are by engaging an armed hunter, you should still avoid confrontation. Gather evidence of harm to the environment from a distance, and deliver it to your lawyer so they can file a lawsuit to stop future incursions.

Unfortunately, you should expect that an environmental lawsuit will take quite a while to complete. Most cases take several years, and the defendant might be doing even more damage during that time. Your attorney will attempt to get a restraining order against the defendant to prevent future damage, but that won’t always succeed.

The other main challenge of an environmental lawsuit is that you must prove the damages. If the only damages you can prove are harm to you or your property, a lawsuit may not be significant enough to get the perpetrator to stop performing similar activities in the future. 

By bringing other litigants into your lawsuit, you can increase the value of damages and potentially make it too financially painful for the defendant to continue.

Your Morgan and Morgan attorney will understand that your goal is to protect Key West, your family, and your property. 

With that understanding in mind, we will prioritize actions that will force the perpetrator to stop harming the environment and the people who live in the area. If we can get you additional compensation, that is a bonus, but preventing damage is our highest priority.

For environmental reasons, Key West has strictly enforced speed limits. You may only drive a maximum of 45 miles per hour during the day and 35 miles per hour at night. These speed limits exist to protect the wildlife that lives in the area.

Seagrass supports the diversity of marine life in the area, as seagrass beds are home to many oceanic creatures. If these beds are damaged or destroyed, much of the marine life in the area will disappear with them.

Key West speed limits exist to protect key deer from car accidents. However, the specific regulations regarding key deer are much more strict than that. It is illegal to feed, touch, or capture key deer, yet many tour groups break the rules concerning feeding and touching them.

What type of lawsuit you should file depends primarily on your goal for filing the lawsuit. You probably want to file an individual lawsuit if you have suffered significant financial harm for any reason (loss of property value, medical bills, etc.). A successful individual lawsuit should make you financially whole.

However, if your goal is to prevent future environmental damage, a group tort will probably create a more considerable financial incentive for the defendant to cease operations.

Many companies will try to offer a low settlement to end a lawsuit quickly. You should never accept any settlement without speaking to an attorney. 

You may be able to get the company to agree to cease its environmental damage in return for a relatively minor settlement. If this meets your goal, your lawyer might advise you to take the offer. If it doesn’t, you might decide to pursue justice through a lawsuit.

Typically, you receive only monetary awards as part of a civil trial verdict. However, a ruling may also force a business to change its policies or otherwise correct previous actions. Another way to get these types of concessions is to ask for them to be included as part of a settlement.

Florida requires the consent of all parties to record voices but not to record video. If someone is performing illegal activities (like hunting protected species), you can record the activities without audio or from a far enough distance where recording audio is impossible. This will allow you to document illegal behavior without falling afoul of Florida laws.

If anyone is introducing toxic substances into the environment or harming the fauna or flora in Key West, you can take civil action to try to stop the behavior. The experienced toxic and environmental lawyers at Morgan & Morgan can explain your options and help you file a lawsuit that will prevent future damage to your beautiful home. 

Contact us today if you want to start a lawsuit against a party that is harming the natural beauty of Key West, and we will schedule a free case evaluation immediately.