A personal injury accident occurs when someone suffers some type of harm or injury because of another person’s carelessness or disregard. A personal injury can damage the plaintiff’s emotional health, physical health, or both. Mental health issues include emotional pain and anguish sustained by the accident, such as developing PTSD.
A physical injury can include an injury to the plaintiff’s organs, limbs, or other parts of their body. It is important to note that the injury sustained by the plaintiff does not have to manifest immediately, as some injuries develop over time.
Personal injuries can occur intentionally, including cases in which the defendant deliberately injures a plaintiff. Or, they may occur when the defendant intends to commit an act which results in injury to the plaintiff. Personal injuries may also occur unintentionally.
If an unintentional injury is the result of the defendant’s negligence, the plaintiff can file a civil lawsuit based on that negligent behavior. Negligence cases include:
The plaintiff would use the civil court proceeding in order to collect compensatory damages for their injuries. Personal injury law is distinctive from criminal law; when a person files a personal injury lawsuit, it is filed in civil court. Criminal actions may be filed separately if the incident which led to the personal injury was also criminal in nature. An example of this would be assault and battery.
What Is A Gas Fire Or Explosion?
Compressed gas is commonly used for household purposes, as well as business or commercial uses. While compressed gas is frequently used without issue, it can still be considerably dangerous. An example of this would be gas fires which are caused by combustion of gasoline, or other similar fuel substances. Gas fires are particularly dangerous, as gasoline is highly flammable and combustible. There is also the risk of gas fire explosions, which can personally injure many people within the immediate surrounding area of the gas fire.
Some examples of the most common causes of gas fires include:
- Gas leaks;
- Gas station incidents, such as spilling gasoline which sparks from a cigarette;
- Gas stove incidents; and
- Propane tank incidents.
Another example of such dangers would be gas explosions, which can occur if the gas is exposed to a spark or ignition that sets off an explosion of the substance. The size or severity of the explosion can depend on several factors, including:
- The type of gas involved;
- The quantity of gas involved;
- The amount of compression used when storing the gas; and
- Whether there were flammable materials or other explosive substances nearby at the time of the explosion.
An explosion may occur as the result of operator error, or negligence. Gas pipe explosions can be especially severe because of the amount of gas involved, as well as the fact that gas pipes can cover long distances. Such explosions can result in serious injuries, especially those related to fire, as well as significant property damage.
Several different factors may cause a gas explosion, including:
- Soil around the underground pipes;
- The configuration of specific gas facilities;
- The flow, compression, and/or pressure of the gas;
- Little to no gas flow over a long period of time; and/or
- Substances, rust, or moisture in or on the gas pipes.
One especially common reason for a propane explosion would be faulty grills. This is largely associated with how the lines in the tank can be defective. When the grills are exposed to high temperatures, the cylinders and tanks can build significant pressure, which causes an explosion.
Another common type of gas explosion at a residential home is associated with gas appliances. Examples of gas appliances commonly associated with equipment failure include:
- Central heating;
- Water heaters;
- Gas generators; and
- Gas stoves.
Can I Sue For A Gas Fire Injury?
Fire injuries encompass a considerably wide array of personal injuries. They can include injuries caused by exposure to fire, such as first, second, or third-degree burns. Fire injuries also include those caused by the effects of fire, such as respiratory injuries, or death.
A person injured by a gas fire would most likely bring a personal injury lawsuit for civil claims involving burn injuries. However, in doing so, they must prove that another person or entity was negligent in causing their burns or injuries.
In order to prove negligence, you must show that:
- The defendant owed a duty of care to you as the plaintiff;
- The defendant breached this duty of care; and
- The defendant’s breach is what caused the burn or other injuries that resulted.
Some examples of negligence cases involving burn injuries are:
- Product Liability: The party held liable would be the company who manufactured or produced the product that caused the burn. An example of this would be how if a faulty stove caused a burn injury from a gas fire, you could sue the manufacturer of the stove; and
- Work Related Injuries: Your employer could be liable if they allowed faulty equipment to be present in the workplace, which resulted in your injury. You could also have a product liability claim in this situation. Additionally, you may also be able to bring a worker’s compensation claim. However, worker’s compensation payments generally provide only a very small percentage of the cost of recovery for burn injury victims.
Another example of when you could sue for a gas fire injury would be if you buy a new gas generator that spontaneously combusts. You could sue the manufacturer and seller of the appliance for defective product. Similarly, if you have a gas fireplace that is installed improperly by licensed contractors, you could sue the construction company. If you are a renter, you may be able to sue the owner of the property.
Lawsuits can provide burn victims and their families compensation for their injuries. Some examples of the damages that may be available to you include, but may not be limited to:
- Reimbursement for medical bills;
- Reimbursement for lost income;
- Compensation for pain and suffering;
- Compensation for emotional distress; and/or
- Compensation for loss of consortium.
You may wish to attempt settlement of your case before going to trial. A settlement offer may actually be negotiated before, during, or after the filing of a lawsuit. In personal injury claims, a settlement offer is presented from one party to another regarding reimbursement for injuries or losses. Generally speaking, a settlement will end a lawsuit either before it begins or before judgment on the issue is rendered by the court. As such, a settlement negotiation can often reduce the amount of time and resources spent on the costs of litigation.
However, settlement offers can result in a lesser amount rendered to the plaintiff. An example of this would be how the plaintiff might wish to avoid the ordeal of a full trial, and may accept a settlement offer from the defendant if they feel that it is still sufficient to cover their losses.
Burn injuries that are considered to be severe generally have a higher settlement amount. This is because of the permanent injury, pain and suffering, and long-term emotional distress the plaintiff experiences.
Do I Need A Lawyer For Help With Gas Fire Injury Claims?
You should hire a personal injury attorney in your area if you need assistance with a gas fire injury claim. Your personal injury lawyer can help you understand your legal rights and options, and how they may be affected by your state’s specific laws. Additionally, an attorney will also be able to represent you in court, as needed.