Father and Son File Lawsuit After Oil Tanker Explosion
A father and son who were injured after an oil tanker explosion have filed a lawsuit against Oklahoma pipeline company Magellan Midstream Partners. Attorneys for the plaintiffs have also asked the court to issue a temporary restraining order against Magellan Midstream to preserve the blast site. The blast occurred on December 5th and resulted in serious injuries to seven workers.
Ismael Garcia and his son, Andrew Ramirez were working for Shelton Services in Houston, a tank cleaning company when the explosion occurred. They allege that Magellan’s failure to maintain the tanker resulted in the explosion.
Negligence
Garcia and Ramirez are allowed to pursue a negligence action against Magellan because, as workers of a different company who were invited onto the premises to perform a job, they are not covered by Magellan’s workers’ compensation insurance, if they have any. While they could file a claim on their own company’s insurance policy, in this case, it wouldn’t make sense.
Unless someone came onto Magellan’s property and jiggered with the tank to cause an explosion, Magellan has a duty of care to ensure that their premises are safe. This includes conducting routine inspections in accord with federal regulations and OSHA standards. While the plaintiffs still have to prove negligence, negligence can often be assumed in these cases since oil tanker explosions are completely avoidable.
Injuries and Damages
Ismael Garcia was badly hurt in the explosion and has not been fully conscious since the event occurred. He has burns over the majority of his body, probably needs skin grafts, and was likely placed into a medically-induced coma because the pain is that bad. Meanwhile, his son also suffered burns and injuries due to smoke inhalation.
If Garcia is able to work again, it won’t be for a very long time. Indeed, he has years of rehab to look forward to when he does wake up and then he has to live with having a disfigured body for the rest of his life. Other complications could include blindness, deafness, loss of consortium, loss of society, and more.
Garcia is owed reimbursement for his medical expenses and lost wages, but his noneconomic damages may be the most costly to the defense. Permanent disfigurement, as with the loss of a bodily organ, is handsomely compensated in personal injury cases since the reduction to the plaintiff’s quality of life is so substantial. The judgment should easily be between seven and eight figures.
Talk to a Houston Personal Injury Attorney Today
If you’ve been injured due to the negligence of another company, call the Houston personal injury attorneys at Livingston & Flowers today. We can discuss the circumstances surrounding your injury in greater detail for free, and provide an evaluation of your case. We can help you recover damages related to your medical expenses, lost wages, and reduced quality of life. Call today to learn more.
Resource:
houstonchronicle.com/business/energy/article/2-injured-in-Corpus-Christi-oil-tank-blast-sue-15801603.php
