Union Carbide Faces Bhopal Lawsuit

Nov. 17, 1999
Fifteen years after the world's worst industrial accident, Union Carbide again faces a legal battle regarding its fault in the deadly gas leak that killed at least 7,000 people in Bhopal, India.

The legal claims resurfaced Nov. 15 when a lawsuit was filed against the company and Warren Anderson, a former chief executive officer, in U.S. District Court for the Southern District of New York. The suit claims the defendants violated international law and fundamental human rights of the victims and survivors of the Dec. 2, 1984, disaster.

Even though Union Carbide paid $470 million as part of a 1989 out-of-court settlement, plaintiffs contend that the company and Anderson are liable for fraud and civil contempt because they failed to comply with court orders in the United States and India.

"Union Carbide demonstrated a reckless and depraved indifference to human life in the design, operation and maintenance" of the Union Carbide plant at Bhopal, said Kenneth McCallion, lead counsel for the plaintiffs. That negligence, McCallion charges, led to a leak of massive amounts of methyl isocyanate, killing 4,000 within hours of the leak and others later as a result of related illnesses. More than 20,000 were injured.

Also named as plaintiff is the Bhopal Group for Information and Action, a voluntary, nongovernmental organization committed to grassroots advocacy on behalf of victims. "Tens of thousands continue to suffer from what amounts to the largest industrial disaster in history," said Satinath Sarangi, founder of the group.

The lawsuit asserts that the Indian Supreme Court, in its 1991 judgment, ruled that the criminal investigation and prosecution of Union Carbide should proceed, despite the company's $470 million settlement. According to the complaint, even though Union Carbide was a part to all of the court proceedings, it refused to comply with all efforts to obtain its appearance for trial by Bhopal District Court. In addition, efforts of Indian authorities to secure jurisdiction over the company proved futile.

Union Carbide spokesman Sean S. Clancy wouldn't comment on the lawsuit, but pointed out that the company settled all personal and related claims in the settlement, which was approved and upheld by the Indian Supreme Court.

The Supreme Court, though, struck down a clause that guaranteed company executives immunity from prosecution. The Bhopal court issued a warrant for the arrest of Anderson, who retired in 1986 and has not been extradited.

Although Union Carbide accepted moral responsibility for the disaster, it claimed that the plant was sabotaged by a disgruntled employee. An investigation revealed that protective equipment that could have halted the impending disaster was not in full working order.

Sponsored Recommendations

Fitting in Fast: Making a Safe Workplace for New Hires

Sept. 12, 2024
Over a third of nonfatal injuries happen to workers who have been with their current employer for less than a year.

Elevating Safety: Empowering Supervisors to Become Safety Advocates

Aug. 27, 2024
Explore the skills, knowledge and techniques that supervisors need to effectively manage the safety of their crew. This guide will examine the causes and symptoms of supervisory...

Top 10 Causes of Distracted Driving—and What They All Have in Common

Aug. 27, 2024
The results reveal the top ten causes of distracted driving, and make it clear that not all distractions are created equal.

Spotting Workplace Safety Heroes: A Guide to Identifying Your Champions

Aug. 27, 2024
No two workplace safety champions are identical. But almost every single one of them has at least one standout quality that helps them excel. Here are some of those qualities ...

Voice your opinion!

To join the conversation, and become an exclusive member of EHS Today, create an account today!