Product Liability Lawsuits Against Manufacturers of Defective Propane Tanks:In many instances the cause of propane tank explosions is defect in the product. Generally there are three distinct causes of action in a product liability claim. (1) Defect in the design of the product: This can be proven by showing the existence of a safer less dangerous design at a comparable price point to the design implemented into production. (2) Defect in the manufacturing process of the propane tank: This cause of action can be proven by showing that the final manufactured and distributed product is markedly different as a result more dangerous than the original intended design. (3) Defect in Labeling: Also known and a failure to warn defect. This can be proven by showing that the manufacturers failed to place proper warning sign regarding the known dangers associated with its use.
Premises Liability Claims against Home Owner or Business Owner:In many instances propane tank explosions end up causing severe burn injuries to visitors on private properties and commercial lands. Premises liability claims are dependent on the status of the victim. Invitee: An invitee is owed the highest duty of care by a property owner and property manager. They are any individual who is either expressly or impliedly invited to another person’s premises for their mutual benefit. Licensee: Any individual who enters the premises at the owner or possessors consent for a non business or commercial purpose. The most common example is a social guest. In order to recover as a licensee, a victim must establish (all three):
- The owner or possessor knew or should have known of the dangerous condition, and should have known that it created an unreasonable risk of harm, and likewise should have known that the plaintiff would fail to discover the dangerous condition
- The owner or possessor did not make the condition safe or failed to warn the licensee of the condition
- The licensee did not know of the dangerous condition or the risks involved.
- Don’t ever smoke or light any fires when you detect a leak
- If possible turn off the cylinder valve of the propane tank
- Contact the propane retailer charged with the installation of the tank regarding the leak
- Leave the area as soon as possible and do not return until the
Filing a Lawsuit: Financial Recovery for Injuries Suffered:Victims of serious injuries caused by the negligent acts of others of defects in the design and manufacturing of products are entitled to recovery for the losses they have suffered. Generally the monetary value of a personal injury settlement will depend on several factors including
- Medical Costs and hospitalization costs including the cost of prescription drug medication
- Rehabilitation costs and costs if future medical care including revision surgeries
- Lost wages including future loss of income due to inability to work
- Pain and suffering as well as other non-economic damages including punitive damages