Winston Weaver 8M Settlement Over Fertilizer Plant Fire Evacuation Nuisance Claims

Deadline
Deadline: January 30, 2026
Total Settlement Amount
Total amount allocated for all claims
Individual Payout Range
Estimated amount per eligible claim
Proof of Purchase
Claimants must use their Unique ID (and for online filing also a PIN from the notice). Documentation required includes: proof of identity (e.g., driver’s license, photo ID, or U.S. passport); proof of residence for resident claims (e.g., utility bill, lease, or bank statement); proof of employment for worker claims (e.g., pay stub); and for dependents, provide names and dates of birth, plus government-issued ID copies for any household member older than 16.
Settlement Summary
A Jan. 31, 2022 fire at Winston Weaver Co. Inc.’s fertilizer plant in Winston-Salem, North Carolina triggered a one-mile evacuation zone, disrupting daily life for thousands of nearby residents and workers. Even when no one is physically injured, incidents like this can impose real “economic and nuisance” harms—lost time and wages, evacuation and temporary living costs, and the loss of normal use and enjoyment of one’s home—especially when a hazardous industrial event forces people to leave suddenly and creates uncertainty about safety. The lawsuit was filed as a class action to handle these shared, small-to-moderate losses efficiently for roughly 6,500 affected individuals rather than through thousands of separate cases. Plaintiffs alleged negligence, negligence per se (arguing violations of safety laws or regulations), gross negligence, and both private and public nuisance, claiming the company’s conduct led to the fire and the evacuation-related damages; the company denies liability. The $8 million settlement is significant because it provides a structured compensation path—generally via pro rata payments from a net fund after fees and costs—for eligible people within the evacuation zone, while setting clear proof requirements and deadlines and returning unclaimed funds to the defendant’s insurers. More broadly, the case fits a common pattern in industrial-incident litigation: when chemical, refinery, or fertilizer-facility events lead to evacuations or shelter-in-place orders, claims often focus on nuisance and out-of-pocket economic losses rather than personal injury, and settlements frequently use geographic boundaries and documentation rules to define eligibility. It also sits within an industry shaped by layered safety oversight—such as OSHA’s Process Safety Management rules for highly hazardous chemicals, EPA risk management and hazardous release reporting requirements, and state/local fire codes and emergency planning—where alleged regulatory breaches can bolster “negligence per se” theories and increase pressure to resolve community disruption claims without a prolonged trial.
Entities Involved
Eligibility Requirements
- Be a natural person (not a business or charitable organization)
- Lived/resided or worked within one mile of the Winston Weaver facility in Winston-Salem, North Carolina
- Were in the one-mile evacuation zone on Jan. 31, 2022
- Suffered economic and/or nuisance-related damages due to the fire/evacuation
- Not seeking compensation in this settlement for personal injury damages
- Not seeking compensation in this settlement for business damages
- One claim per household if claiming as a resident household
- If claiming as a resident, may include dependents who lived with the claimant on Jan. 31, 2022
- If claiming based on work in the zone, the claim is for the worker only (not household members)
- If also associated with a business/charity, must proceed only as an individual because business/charity claims are excluded
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Important Notice About Filing Claims
Submitting false information in a settlement claim is considered perjury and will result in your claim being rejected. Fraudulent claims harm legitimate class members and may result in legal consequences.
If you are unsure about your eligibility for this settlement, please visit the official settlement administrator’s website using the link provided above. Review the eligibility criteria carefully before submitting a claim.
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