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Gas Nozzle Accidents May Be Negligence
If you’ve ever been totally soaked by gas while filling up your
vehicle because the hose separated from the nozzle, you may have cause
to file a personal injury claim.
Getting gasoline all over yourself including in your eyes and all
over your face, not to mention your clothes, is an upsetting
experience. It may also be one that causes serious harm unless you get
help immediately. Depending on the circumstances of the gas splash, you
may have grounds to file a personal injury claim against the gas
station for having a defective gas nozzle. If you do find yourself in a
position like this, make sure you speak to a skilled personal injury
lawyer for advice.
Let’s say there was no emergency eyewash station or other solution
on hand at the gas station and the painful experience of having gas in
your eyes was only alleviated by using the washroom and washing it out
with water. Let’s also say that the hose was very clearly defective and
that the management of the gas station knew or should have known the
hose was in such a bad state – bad enough that they would have
reasonably expected your type of accident could and would happen.
Let’s further posit that there was no damage to your vehicle because
you immediately washed it after the incident and it was fine. Now,
depending on which state you happen to be in, negligence law may be
different. This is one of the major reasons to consult with an
experienced personal injury attorney for assistance. Knowing your
rights is the first thing you need to do for yourself.
This type of an accident is not common, and assuming the hose was
indeed “clearly” defective and that may be proven, then you will, as
mentioned above, need to prove the station owner did know about the
problem, or should have known about it. Nozzles don’t have a habit of
separating from the hoses, so it’s likely the owner should have known
about the problem, have seen it or had it mentioned to him or her by
other patrons filling their vehicles.
The other argument in your favor would be the fact that the standard
of care or maintenance at a service station would seem to dictate that
the hoses be checked for faults on a regular basis. Given those
factors, you may be entitled to some form of compensation depending on
the severity of your injuries.
If they are not that serious, you may not get a lot of money in
return. Many personal injury cases are expediently evaluated on the
basis of the degree of liability the station owner has, the exact
nature of the injury, the type and amount of medical bills you may have
incurred now, and perhaps in the future and any pain and suffering you
struggle with now and in the future. In addition, you may be able to
claim lost wages now and in the future.
Based on the fact that there were no serious injuries but there was
severe pain from gas in your eyes, you may have a claim for the pain,
stress and inconvenience as a result of the nozzle separating from the
hose and dousing you with gas. Contact an attorney as soon as you can
and make sure that the attorney not only handles personal injury
claims, but premises liability. You never know, this kind of thing
might have happened at the same gas station before and this would be
good for your case. If the facts of your case merit a lawsuit, your
attorney will begin to preserve evidence, examine maintenance records,
get photographs and determine what kind of liability insurance the
station has. Don’t delay contacting an attorney, as time is of the
essence.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M.
Ozcomert. The firm specializes in personal injury, malpractice,
motorcycle accidents, and wrongful death. To learn more about Atlanta
personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.
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Stephen M. Ozcomert - Personal Injury Lawyer
215 North McDonough Street
Decatur, GA 30030
P. (404)-370-1000
www.ozcomert.com
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