Injuries are common at gas stations. When gas station operators fail to properly maintain or keep safe their property, they will be held liable for injuries which occur. Issues such as slippery surfaces, debris or defective gas station pumps can make these areas dangerous. If you find the information on this page helpful contact our offices for a free consultation.
Gas Station Owner Liability for Accidents and Injuries
Liability for slip and fall cases generally revolves around one common factor; notice. Did the gas station have notice of the defective condition on the property? If so then for how long? The two main factors are (1) notice; and (2) length of notice.
Notice and Liability Against gas Station Owners and Operators:
Notice is considered knowledge of whether the issue or defect exists on the property. Did the gas station operator know that the floor was slippery, wet, oily or defective? This is an important question which often times requires discovery. In order to establish notice we will need to determine whether the defendant-gas station operator-knew or was put on notice of the issue. Did a customer inform them? Did they notice the defect on the surveillance camera? Did they notice the issue on their own, but failed to take proper action to notify, or inform customers? These are all important questions that need to be considered. Often times the only way to determine the proper response to these questions is through discovery. Discovery is conducted after we file a claim and begin determining who was at fault for the injury. This is a powerful tool used to determine very important facts.
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Length of Notice: Length of notice is equally important to establishing liability. Once you determine notice, you must determine the length of notice. How long did the gas station attendant, owner or operator know of the condition? Was it a matter of minutes, hours, days, weeks, months or years before your injury took place? If the defendant waited a substantial period of time before correcting the problem, then they will be liable. The standard of time is measured against that of a “reasonably prudent person” or in this case a “reasonably prudent gas station operator”. This is the standard used to determine negligence. If the gas station operator waited an unreasonably long period of time before correcting the defect then they will be considered negligent. How to Win My Case In Court: To establish your case for negligence you need to establishing four element; (1) duty to the injured party; (2) breach of that duty; (3) causation; and (4) damages. With regards to gas station slip and falls, you are owed a duty because of your status as a business invitee. Business invitees are those that are on the premises for some business or economic purpose, such as purchasing gas or an item from the convenience store. If the property is dangerous or a defective condition exist which is not corrected, then they will be in breach of that duty owed. Causation requires that the defective condition be the cause of the injury. The final element is damages, were you damaged? It is important to consider all of these factors before bringing a cause of action for your injuries. Consult with an experienced gas station slip and fall attorney Los Angeles.
Recovery for Injuries – Personal Injury Claim for Your Injuries
Gas station injuries can be devastating. A list of common injuries suffered as a result of Gas Station Accidents include
- Traumatic head injuries;
- Back and spine injuries;
- Damaged or dislocated shoulder;
- Broken nose;
- Traumatic eye injuries;
- Dental damage;
- Broken wrist;
- Hip injuries;
- Sprained ankle;
- Neck injuries;
- Facial lacerations
- Smoke Inhalation
- Lung Damage
You are entitled for recovery for each of these injuries. To place a value on your injuries we will need to fully understand the scope and depth of your injuries. Each type of injury requires an assessment of both current and future medical care along with pain and suffering. Our job is to maximize any award or settlement to ensure you are fully compensated for your injuries. Gas station slip and fall attorneys at Downtown L.A. Law Firm fight to ensure you are taken care of for any injuries you have sustained.
Defective Gas Nozzle Injury Claim
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Another common injury results from defective gas nozzles which can cause burning or other related injuries. In this type of case you can hold both the manufacturer of the nozzle along with gas station owners liable for injuries. If you have been burned or suffered vapor inhalation at a gas station it is likely the result of a faulty or defective gas nozzle. In these gases you will be able to assert that the product was defective and obtain recovery for your injuries. Defective gas nozzles are not common injuries. However, when injuries result from such defects the damage can be devastating. Plaintiff’s can suffer serious 2nd to 3rd degree burns over their body and go through intense physical and emotional pain. Determining whether a gas station nozzle is defective will require expert testimony. It is important that the attorney you select has qualified experts and understands product liability laws. Call us today to speak with one of our attorneys regarding your personal injury claim.