Truck Driver Sues After Sustaining Injuries Due to Chemical Fire
We’ve written a lot of articles about truck drivers being sued, but we’re thankful to report that sometimes, they file lawsuits themselves. In this case, a Houston truck driver was injured when a chemical fire erupted at a plant that provides environmental protection, disaster services, and various chemicals to the petrochemical industry. The company is responsible for storing and transporting dangerous chemicals to the industry, they do not engineer the chemicals themselves.
In this case, Antonio Alvarez was on delivery when the fire broke out. He tried to escape but was injured in the attempt. Then he and several other workers attempted to scale a large fence to get out of the way of the blaze. Eventually, they used a ladder to scale the fence. Alvarez suffered injuries to his lungs and other parts of his body. He is hoping to recover medical expenses and more for the company that created the dangerous condition on their premises.
Premises liability lawsuits
Despite the fact that the truck driver was on the job, this is a simple premises liability lawsuit. But premises liability lawsuits are anything but simple. In fact, they are among the most complex personal injury lawsuits that you can file. This is because the outcome of these lawsuits depends on why the person was on the defendant’s property.
The law recognizes three types of individuals:
- Invitees – An invitee is someone (like a customer) who is on a proprietor’s property for the proprietor’s financial gain. Clients, hotel guests, and shoppers are all examples of invitees. Invitees are owed the highest duty of care.
- Licensee – A licensee is someone who has access to your property for their own financial benefit. Deliverypersons, contractors, landscapers, postal workers, or even guests you invite into your home are all considered licensees.
- Trespasser – A trespasser is someone who has no legal right to be on the property.
The reason why the individual is on the property is extremely important to premises liability claims because it defines the duty of care that is owed to the individual on the property. Trespassers are owed almost no duty of care while invitees have the strongest claim against a property owner.
In this case, our truck driver was a licensee at the time of injury. Property owners owe licensees less of a duty of care than they do invitees. However, they are responsible for dangerous conditions on the premises. In this case, burning fire that likely resulted from the incompetent handling of dangerous chemicals is enough to establish the duty of care. Additionally, licensees cannot file lawsuits over dangerous conditions that they knew about or saw. This rule prevents postal workers from filing lawsuits concerning dangerous staircases. But it won’t prevent this plaintiff from recovering damages related to his injuries.
Talk to a Houston Personal Injury Attorney Today
If you’ve been injured due to the negligence of a property owner, the Houston personal injury attorneys at Livingston & Flowers can help you file a lawsuit against the negligent party and recover damages related to your medical expenses, lost wages, and reduced quality of life. Call today to learn more!