A worker who was on a tanker ship in the Houston Ship Channel during a sulfuric acid leak last week has filed a lawsuit accusing the owner of the facility where the leak occurred of being "grossly negligent."
According to the lawsuit filed Wednesday, Jeffery Lee Lawson claims he suffered from "burning lungs, shortness of breath, pain in his throat, nausea, dizziness and skin irritation" as a result of the chemical leak.
The leak occurred in the early morning of Saturday, Dec. 27, after an elevated walkway collapsed and ruptured a pipeline at the BWC Terminals facility in Channelview, east of Houston. According to Harris County Judge Lina Hidalgo, approximately 1 million gallons of sulfuric acid were released as a result.
At the time of the leak, Lawson was working as a tankerman on a ship about 500 feet from the BWC Terminals facility, according to the lawsuit.
"At approximately 2 a.m., Mr. Lawson heard a loud crash and subsequently saw a large gas cloud being released from the terminal," the lawsuit claims. "No alarms, warnings, or notifications were provided by Defendants. Shortly thereafter, Mr. Lawson was enveloped by the toxic substance and began to suffer from immediate physical injuries."
The lawsuit names BWC Terminals LLC and BWC Texas Terminals LLC as the defendants and accuses the company of over a dozen alleged "grossly negligent" acts, including several alleged safety failures and Occupational Safety and Health Administration (OSAH) violations.
Sulfuric acid is a colorless, oily liquid that is highly corrosive. Exposure to it can cause skin burns and irritate the eyes, lungs and digestive system, according to the Centers for Disease Control and Prevention. It can also be fatal.
In a statement to Houston Public Media on Friday, a BWC Terminals spokesperson declined to comment and said the company does not comment on pending litigation.
"We remain committed to operating safely, responsibly, and in compliance with all applicable regulations," the spokesperson wrote in an email.
The lawsuit is seeking damages for the alleged physical and mental harm caused by the leak, past and future medical expenses and lost wages. Lawson, a Harris County resident, is seeking over $1 million in damages, according to the lawsuit.
Shortly after the leak, County Judge Hidalgo said during a news conference that two people were hospitalized and released, while 44 others were treated at the scene. Lawson was diagnosed with chemical exposure and inflammation of the lungs, according to the lawsuit.
On Monday, BWC Terminals said in a statement that the majority of the sulfuric acid released went into a designated containment area, with an “unknown” amount entering the ship channel.
The full extent of the possible environmental impact caused by the leak is currently unknown. No other lawsuits against BWC Terminals had been filed in Harris County as of Friday morning.
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