BioLab fire: Attorneys file class action lawsuits for Rockdale County residents

ROCKDALE COUNTY, Ga. - A metro Atlanta law firm has filed a class action lawsuit against the two companies connected with the massive fire at a Conyers chemical plant that forced residents to evacuate or shelter in place over the weekend.

Atlanta-based Stewart Miller Simmons Trial Attorneys filed the lawsuit on Monday against BioLab Inc. and KIK Consumer Products on behalf of more than 90,000 residents in Conyers and the surrounding areas.

The lawsuit seeks property-related damages caused by the Sept. 29 fire and smoke plume for lost profits, clean-up costs, and diminished property values.

"Defendants’ negligence, recklessness, and failure to prevent the fire and toxic smoke and dust plume caused and continues to cause harm to Plaintiffs and the other Class members," the lawsuit reads.

PHOTOS: Residents submit photos of 'smoke' after BioLab fire in Conyers

The lawsuit has identified all owners or lessees of real property in Rockdale County and the surrounding communities who were part of the evacuation or shelter-in-place orders outside of those connected with BioLab Inc. and KIK Consumer Products.

The attorneys are expected to discuss the lawsuit at a press conference on Tuesday morning.

Second class action lawsuit filed by Morgan & Morgan

On the same day as Stewart Miller Simmons Trial Attorneys' announcement, national law firm Morgan & Morgan announced that they have filed their own class action lawsuit against BioLab and KIK Custom Products on behalf of Rockdale County residents.

In their complaint, attorneys claimed that the company left "super sacks" of Trichloroisocyanuric Acid stacked on warehouse floors that were then released into the air. 

"When companies mismanage hazardous chemicals, they can upend entire communities," said Morgan & Morgan attorney Rene Rocha. "BioLab’s alleged recklessness has put thousands of people at risk. Our goal with this lawsuit is for accountability to prevail so that this will never happen again."

Both cases were filed in U.S. District Court for the Northern District of Georgia.

What happened at BioLab?

The fire started around 5 a.m. on Sunday when a sprinkler malfunction caused water to come into contact with a water-reactive chemical. BioLab employees and nearby residents were evacuated, and several roads were closed, including Interstate 20 in both directions between Salem Road and Turner Hill. The interstate remained closed until early Monday morning. 

Residents north of Interstate 20 between Sigman Road and I-20 were within the evacuation zone, while those south of I-20 were deemed safe. Local officials, including Conyers Mayor Vince Evans and Rockdale County Sheriff Eric Levett, urged residents not to enter the evacuation zone for safety reasons.

Officials estimated the number of people forced to evacuate their homes was about 17,000.

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During a Sunday morning press conference, officials explained that the fire began when a malfunctioning sprinkler released water onto a reactive chemical, causing a small fire and a large plume of smoke. Though the initial fire was controlled around noon, it reignited as chemicals were being removed from the building. The fire was fully extinguished between 4 and 5 p.m.

The attorneys claim that BioLab failed to utilize an effective fire system, which "exacerbated the harm caused by the fire" and "delayed emergency response."

"At all relevant times, Defendants failed to act with reasonable care, acted with utter indifference, recklessly, and with willful and wanton misconduct," the lawsuit reads.

While the shelter-in-place order was lifted on Monday night, officials say changing weather patterns caused the smoke plume to change directions, leading officials to issue a new shelter-in-place warning for residents who see the haze or smell a strong odor of chlorine.

History of incidents at BioLab

BioLab’s website says it is the swimming pool and spa water care division of Lawrenceville, Georgia-based KIK Consumer Products. The Conyers facility opened in 1973.

As part of the lawsuit, attorneys argue that the two companies knew the plant could be hazardous to Rockdale County residents due to past incidents.

In May 2004, a huge fire in a warehouse at the Conyers complex set off multiple explosions and prompted the evacuation of 300 people as a chlorine-laden cloud rolled through the area. The plume of green, gray and white smoke stretched 10 miles long. At least nine people went to hospitals with complaints of burning eyes and lungs.

After the explosion, the company agreed to a settlement of $7 million.

RELATED: Major chemical fire shuts down parts of I-20, other roads

In June 2015, six Rockdale County firefighters were hurt in a fire at the complex, but none of the injuries were life-threatening, the Rockdale Citizen reported at the time. Another fire the following year prompted some voluntary evacuations near the plant.

In September 2020, a chemical fire at the same plant in Conyers prompted authorities to shut down both directions of Interstate 20 during the morning rush hour. Inside the plant, BioLab workers used forklifts to try and move chemicals away from decomposing chemicals to prevent the catastrophe, but their forklifts were sliding on the wet floor and fumes of chemicals were forming. Firefighters’ access to the situation was hindered by poorly stacked pallets of materials, the Chemical Safety and Hazard Investigation Board later determined. Nine firefighters were evaluated at hospitals after inhaling hazardous vapors.

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"At all relevant times, it was reasonably foreseeable to Defendants that the risk of a chemical fire and the release of a toxic smoke and dust plume could impact the properties and present a hazard to the Rockdale residents located near the Conyers Plant," the lawsuit reads.

If approved, residents will be contacted about the opportunity to join the lawsuit.