Gas Explosion Negligence Claims: Who Is Liable For Damages?Last updated on: September 17, 2022
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Gas explosions are more common than people imagine, and their effects can be devastating, resulting in debilitating injuries and even death. Since many gas explosions are caused by some sort of negligence, you may recover your damages in court if you can prove your claim.
If you have been injured in a gas explosion, you may need the help of an experienced legal team. At Zinda Law Group, we can help you through each step of the legal process. Contact us today at (800) 863 5312 for your 100% free consultation. You will not pay us anything unless we are successful in winning your case.
Can You File A Negligence Claim After A Gas Explosion Accident?
You can file a negligence lawsuit based on personal injury if you were injured in a gas explosion. To win, however, you must prove that the defendant acted or failed to act in a manner that could be considered careless considering the circumstances, and that this negligence caused the accident that injured you.
For more information on whether you can file a negligence claim after a gas explosion accident, contact Zinda Law Group today.
Who Is Liable For Damages In Gas Explosion Accidents?
Who may be liable for your damages will depend on the technical facts of your case. Your claim might be based on a defective product such as a water heater, for example; if you can show that it was manufactured in a negligent manner. In this example, the manufacturer may be held liable for your injuries.
Your claim might also be based on negligent servicing if your employer failed to properly train employees in the installation or use of the machinery that caused the explosion. Trained specialists are held to a higher standard of skill than the general public and can be found negligent if they fail to meet this standard.
Contact Zinda Law Group today to discuss your specific case and who may be liable for your injuries.
How To Prove Negligence In A Gas Explosion Accident?
To receive compensation for your injuries, you must be able to prove that a person, company, or other type of entity was negligent. Proving negligence is often difficult and generally requires 4 steps:
1. The defendant had a duty of care.
First, you must be able to show that the defendant had a legal duty of care to you. For instance, gas utility companies and gas tank manufacturers typically have a high duty of care when providing their services or products, which includes a high degree of caution and vigilance.
2. The defendant breached the duty of care.
Next, you must be able to show that the defendant breached their duty of care. For example, if the gas utility company failed to exercise due care while working, the company may have breached their duty of care.
3. The breach was a proximate cause of your injuries.
You must also prove that the defendant’s breach caused your injuries. For instance, if the utility company’s negligence did not cause the accident and your subsequent injuries, you cannot hold them legally responsible for your damages.
4. You suffered injuries as a result of the defendant’s actions.
Lastly, you must be able to prove an injury. Typically, an injury must be either bodily harm or property damage; although emotional distress may sometimes meet this requirement.
Proving negligence in an accidental gas explosion may be difficult and often requires extremely careful organization of evidence and sensitive materials. Fortunately, Zinda Law Group attorneys are nationwide and available to help your case.
Types Of Damages In Gas Explosion Accidents
Normally, winning plaintiffs are entitled to 2 types of damages. Though there are a variety of factors that may influence the amount of damages received. These damages include:
Special damages are specific, easy to quantify expenses that arise from your injury such as, treatment for medical procedures, lost wages, and incidental expenses arising from your injury, such as transportation costs.
General damages, which are often more severe than special damages, compensate you for the psychological trauma you endured.
The court may also take the following into consideration:
The court might reduce your damages in proportion to the extent to which the accident was your fault. If the court decides that you were 15 percent at fault, for example, for failing to properly maintain a gas-powered appliance or for ignoring warning signs that it was malfunctioning, it may subtract 15 percent from your damages.
A court might find that two or more defendants were at fault in the accident. In this case, the court might impose joint liability, meaning that you can recover the full amount of damages from any one of the defendants if you choose to.
Certain relatives of a deceased gas explosion victim can file a wrongful death claim and recover both special and general damages for the loss of their loved one.
If you have any other questions regarding the types of damages that you may receive following a gas explosion, contact Zinda Law Group today.
Need Help? Contact Zinda Law Group Today
If you or your relative has been injured or killed in a gas explosion that was the fault of another, your losses could be devastating, and you will need superior legal representation to claim the compensation you deserve. Zinda Law Group is a highly regarded personal injury law firm that focuses on excellent client satisfaction.
Our lawyers are ready to fight for you, and we will do everything possible to ensure that you receive the best possible settlement or judgment. Call a Zinda Law Group personal injury attorney today at (800) 863 5312 to set up your free initial consultation. You do not pay us anything unless we win you compensation in your case. That is our “No Win, No Fee Guarantee.”
Meetings with attorneys are available by appointment only.