On Wednesday, August 5th, Oakland A’s, a professional baseball team based in Oakland, California, revealed that they filed a negligence lawsuit against California Department of Toxic Substances Control. The agency oversees metal shredding facilities at the Port of Oakland, Schnitzer Steel.

The team president of A’s, Dave Kaval, said that their plan to build a new ballpark stadium at Howard Terminal along the waterfront hit a snag because of the facility. In the lawsuit, the team alleged that since 2018, there had been five fires involving hazardous materials at Schnitzer.

The baseball team accused the agency of behaving negligently and putting everyone at the waterfront agency at risk. Kaval said in a virtual news conference that they are looking forward to Cal-DTSC enforcing the law and providing regulations intended to help the health outcomes of West Oakland.

In a press release, Schnitzer responded saying that the lawsuit by A’s is an attempt to distract the public from the lack of information and accountability they have demonstrated in their planning for a commercial real estate development at the waterfront.

A negligence lawsuit is a civil action brought by an aggrieved party who wants the court to address a wrong, and either stop the continuance of that wrong or award damages. For a person to succeed with the action, he or she must prove on the preponderance of the evidence that there was a duty, breach of duty, cause in fact, proximate cause, damages.

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