Have you or a loved one been harmed by an explosion or burn and need a Georgia attorney?
The aftermath of an injury caused by an explosion or suffering from a serious burn is overwhelming. If the incident resulted in the wrongful death of your loved one, it is devastating. Medical bills start to pile up, you likely cannot work and overall are emotionally drained. The Millar Law Firm can be a valuable asset to help you navigate this challenging time. Contact us 24/7 for legal support and advice by calling 770-400-0000.
Your Atlanta personal injury legal team will start with a free consultation, listen to your story, and provide fast and compassionate legal advice. The next steps are usually an investigation into the cause of the accident, including inspecting the scene of the accident, gathering evidence, interviewing witnesses and making a plan for your unique case or claim.
If an explosion or burn accident has left you or your family with life-altering injuries or emotional scars, we can help today.
Table of Contents
How are Georgia Explosion Cases Evaluated and Investigated?
While explosions are usually rare, there are often some common themes:
- A chemical explosion can be triggered by a few things. This may include a chemical leak, chemical spill, or even during improper mixing of chemicals at facilities like refineries, and chemical or fertilizer plants.
- We have seen vehicle explosions occur due to ruptured gas tanks, often the side-pod tanks on tractor trailers, or when flammable liquids are being hauled when the crash happens.
- Gas explosions have happened in Atlanta due to leaky pipes both in the utility grid, in older rental homes due to neglect or age, or after improper repairs or installation of gas appliances.
- Dust explosions. These may occur when combustible particles like grain dust, wood dust, or metal dust ignite in the air. They are usually extremely powerful and can cause significant damage to anything in their path.
- Boiler explosions in power plants, factories, schools and hospitals. Water leaks, overheating, and pressure buildup can all contribute to this type of explosion.
After an explosion or a serious burn incident, paid investigators and engineers are often employed by the at fault business or government and their insurance company to quickly investigate. Whenever possible, our law firm employs our own team of experts to evaluate what happened and determine the cause of the explosion and whether negligence was involved. This can level the playing field when dealing with a claim against a large and well financed corporation or insurer.
Atlanta Georgia Explosion and Burn Accident Attorneys
In addition, The Millar Law Firm has investigated and handled other common burn and explosion claims, including:
- Gas pipeline accidents: These types of accidents can happen if there’s a leak in a natural gas pipeline or if the pipeline is damaged by construction activities or corrosion.
- Rental apartment explosions and fires: A primary issue is whether the landlord maintained the property and did this cause the fire to occur? Other concerns are if smoke alarms were properly installed and working and did a malfunction worsen the fire or contribute to the injuries.
- Propane tank explosions: The most standard cause of these types of explosions are caused by faulty equipment, leaks, or improper storage of your propane tanks.
- Building explosions: These can be caused by several things, but most commonly they are from gas leaks or improper storage of flammable materials.
- Fuel tank explosions: A fuel tank could explode from a severe car accident, or a general malfunction.
Industries That Are High Risk For Accidents Involing Burns or Explosions
Like many large cities, Atlanta houses industries that handle materials or engage with certain processes that could lead to explosions:
- Chemical manufacturing industries are common in Atlanta. These facilities can include manufacturers who handle chemicals like fertilizers, pesticides or industrial cleaning products, and can all be at risk for explosion if the workers there are not following safety protocols. It’s rare, but explosions can happen if the hazardous materials and flammable chemicals are not handled properly. People such as chemical engineers help to reduce risks as they design safe processes and analyze potential hazards.
- A natural gas facility can also have some risks associated with the day-to-day operation of the plant, as it stores and transports natural gas for both residential and industrial use. Explosions are rare but can happen if there is a pipeline leak or equipment failure.
- While less common, construction sites in Atlanta can be at risk, as sometimes workers inadvertently unearth gas lines or handle flammable materials improperly, which can potentially cause an explosion. It’s important that all workers are trained on the right safety regulations and protocols to avoid the significant damage and injuries caused by an explosion.
- This might not be surprising, but Atlanta’s film and entertainment industries deal with explosives and accidents happen. Typically, a trained staff will handle the controlled explosions used for special effects, but injuries are not uncommon. It’s imperative that everyone who is handling the explosives are trained on the latest regulations and safety measures to avoid a devastating explosion.
How is Negligence Proven After an Explosion or Burn Incident?
Neglect can come in many forms, including failing to follow safety protocols at the workplace, improper storage of flammable materials or explosives, or lack of maintenance on equipment that handles volatile substances. Property owners and businesses have a legal duty of care to provide a reasonably safe environment for invitees and in their communities.
- To prove neglect, evidence is needed. As an example, that could mean showing that the machinery was defective or poorly maintained and that this directly caused the explosion. To do so, research and investigation can be conducted, including examining the equipment itself, reviewing maintenance records and inspection reports, gathering witness testimony, and getting an expert analysis of the machinery.
- In some cases, there might be a shared fault. For instance, if the machinery malfunctioned due to improper manufacturing and installation, more than one company or person may share some of the responsibility.
- Depending on the details of your unique case, you might also explore a product liability claim based on strict liability. This would also look at holding manufacturers liable for injuries caused by the products they make, regardless of negligence.
Catastrophic and Life-Changing Injuries Caused by Explosions
Explosions can cause a wide range of injuries due to the immense pressure, flying debris, and heat generated by the blast.
Primary Blast Injuries: These are caused by the direct impact of the pressure wave from the explosion and primarily affect air-filled organs:
- Pulmonary Barotrauma (Blast Lung):The pressure wave can damage the lungs, causing internal bleeding and difficulty breathing. This can be life-threatening.
- Eardrum Rupture and Hearing Loss: The sudden pressure change can rupture the eardrums and cause permanent hearing loss or tinnitus (ringing in the ears).
- Traumatic Brain Injury (TBI): The pressure wave can cause a concussion or more severe TBI, even without a blow to the head.
Secondary Blast Injuries: These are caused by flying debris propelled by the force of the explosion:
- Shrapnel Wounds: Fragments from the explosion, like pieces of metal, can cause deep puncture wounds, lacerations, and even amputations.
- Blunt Force Trauma: Being thrown by the blast or struck by debris can cause fractures, internal organ damage, and spinal cord injuries.
Tertiary Blast Injuries: These are caused by the victim being thrown by the blast or slammed into objects:
- Blunt Force Trauma (similar to secondary):The impact on the ground or objects can cause injuries similar to secondary blasts.
- Spinal Cord Injuries: The violent forces can cause fractures or dislocations in the spine, resulting in partial or complete paralysis.
- Thermal Injuries: Explosions generate high heat, which can cause burns. Depending on the intensity and duration of the heat exposure, burns can range from superficial ones that require skin grafts.
Post-Traumatic Stress Disorder (PTSD):
Flashbacks, nightmares, and severe anxiety are some of the common symptoms of PTSD.
Anxiety and Depression:
Survivors may experience ongoing anxiety and depression due to the psychological trauma.
This is not an exhaustive list of possible injuries that can result from an explosion or fire. The specific injuries sustained will depend upon the severity of the explosion, the distance from the blast, and the individual involved. Likewise, the expenses associated with such injuries can be devastating.
What are the Grounds For a Georgia Personal Injury Lawsuit from an Explosion or Burn Incident?
If you are injured in an explosion or serious burn, several factors need to be established:
- Duty of Care: The defendant (the party you’re suing) must have owed you a duty of care. This means they had a legal obligation to act in a reasonably safe manner to avoid causing you harm. For example, a property owner has a duty to maintain their premises safely, and a gas company has a duty to ensure their pipelines are secure.
- Breach of Duty: The defendant must have breached this duty of care. In an explosion case, this could involve actions like failing to follow safety protocols, storing flammable materials improperly, or not properly maintaining equipment.
- Causation: The defendant’s breach of duty must have directly caused the explosion that led to your injuries. This requires establishing a clear connection between their actions and the accident.
- Damages: You must have suffered some damages as a result. These damages can be economic in nature (medical bills, lost wages) or they can be non-economic (pain and suffering, emotional distress).
Here are some additional factors that can strengthen your case:
- Severity of Injuries: The more severe your injuries, the stronger your case for compensation.
- Evidence: Having strong evidence such as eyewitness accounts, security footage, or expert reports to support your claims will be crucial.
- Shared Fault: In Georgia, the injured party in an explosion accident can be held partially to blame for their injuries. However, Georgia follows a modified comparative negligence rule, which means you can still recover compensation even if you were partly at fault.
Georgia’s modified comparative negligence rule means that as long as you are less than 50 percent responsible for the incident, you can still receive damages.
The amount of compensation you receive will be reduced based on your percentage of fault. This means that if you are found to be 30 percent at fault for the explosion and your total damages are $100,000, you would receive $70,000, which is 70 percent of the total.
Consulting with a personal injury lawyer specializing in explosion accidents is critical as they can help you navigate the complexities of the legal process, gather evidence, and build a strong case to maximize your chances of success.
How an Atlanta Personal Injury Lawyer Can Help With Your Explosion or Burn Claim
A personal injury lawyer will investigate to determine the cause of the incident, what negligent act or actions caused the explosion or burn to happen, and determine the value of your damages, not just immediate but also life-long. Medical bills, lost wages, and future medical needs are all considered.
Depending on the cause of the explosion or injury event, there may be multiple parties responsible. Attorneys can and should, for example, investigate whether a negligent property owner, a company that provided a faulty product, or whether negligent loading or driving or some other act, such as a construction company that damaged a gas line, contributed to causation.
In many cases, you may be dealing with the negligent person or company’s insurance company. Dealing with Georgia insurers can be a complex task, as they will often work against you to try to minimize your claims. Your personal injury lawyer will, therefore, handle the investigation, communications and negotiations with your insurance company to ensure a fair and level playing field.
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Preventative Measures a Business Should Have Used to Prevent Explosions
To protect their customers and the communities around them, businesses have a duty to act to reduce the risk of explosions. In Georgia, these duties include:
- Conducting hazard Identification and analysis can identify possible explosion hazards in the workplace. This includes things like identifying flammable materials, combustible dusts, pressure vessels and ignition sources.
- Whenever possible, substitute and minimize hazardous materials with safer alternatives. If eliminating them entirely isn’t possible, minimize what is stored or used on-site.
- Ensure proper ventilation and control dust, as ventilation systems help control buildup of flammable substances. Regular clearing of the equipment will also help to minimize dust accumulation.
- Proper equipment maintenance and constant inspection should be an ongoing task, especially on equipment that is involved with handling hazardous materials. This makes sure they function properly and don’t create any overheating issues.
- Conducting safe work practices and training can help to reduce the risk of an explosion, as they teach employees what to be aware of and the safe handling procedures for hazardous materials, proper use of protective equipment (PPE) and emergency response protocols.
- Fire prevention and suppression can help to implement a fire prevention plan with ample fire extinguishers and sprinkler systems in areas with explosion risks.
- Ensuring the team’s compliance with all relevant safety regulations and permitting requirements for storing and handling hazardous materials specific to the industry.
By following the measures mentioned above, as well as having a strong culture of safety awareness, businesses can reduce the risk of explosions and protect their employees and property.