Houston Truck Driver Files Lawsuit After Chemical Fire

A Houston truck driver has filed a lawsuit against a Texas chemical logistics company after a major fire broke out at their plant while he was trying to make a delivery. In a rush to get out of the area after several explosions went off, the man ran toward a fence where several other contractors were attempting to escape the premises. Eventually, they found a ladder and were able to get off the grounds. However, the truck driver says he sustained serious injuries in an attempt to flee the area. He is now seeking damages related to his medical expenses, lost wages, and emotional injuries resulting from the trauma of the experience.

The worker was taken to the hospital after the incident and treated for injuries related to his neck, shoulders, and back. He also suffered lung damage as a result of the escape.

Imminent disaster scenarios 

In this case, the truck driver was not injured necessarily by any of the explosions that occurred but as a result of trying to escape an area that was up in flames and continued to explode. The negligence still falls directly on the company. Here’s why.

The plaintiff, in this case, was invited onto the premises to make a delivery or to pick up goods. While on the premises, an explosion occurred and a fire broke out. While the cause of the explosion is unknown, it is likely the liability of the plant owner unless the plant owner can prove that terrorists started the fire. Even in that case, the plant is tasked with having an emergency response team secure the area, access potentially injured people, and remove them from the dangerous area. In this case, the plant had no obvious safety protocols in place for dealing with a fire, and contractors were never warned about any potential danger.

So, essentially, this is a very complex example of a premises liability lawsuit, much like a slip and fall, but with different allegations. In this case, the dangerous condition is a fire and the plaintiff was injured in an attempt to escape the fire. Since the fire was the proximate cause of the plaintiff’s injuries, the negligence falls on the plant for any injuries the worker suffered.

Proximate causes 

You can’t sue a butterfly for flapping its wings, but you can sue someone who creates a situation that is likely to lead to injury even if their negligence wasn’t the direct cause of the injury. In this case, the negligence for the fire is very likely the plant’s fault, but not necessarily. Even if it wasn’t, however, the plant is still responsible for protecting employees and contractors from foreseeable dangers. In this case, they did not. So unlike the butterfly who flaps its wings in Australia and causes a storm in Texas, the negligence in the case of the chemical plant is directly linked in the chain to his injuries.

Talk to a Houston Premises Liability Lawyer Today 

If you’ve been injured due to a dangerous condition on someone else’s property, call the Houston personal injury attorneys at Livingston & Flowers today and we can recover damages related to your medical expenses, lost earnings, and reduced quality of life.

Source:

abc13.com/lawsuit-filed-against-k-solv-channelview-fire-antonio-alvarez-houston-lawyers-benny-agosto/10512528/