Gas Station Injury? Discover How a Lawyer Can Help You Recover

Gas stations are some of the most visited establishments across the country. These establishments provide a convenient way to fuel vehicles and shop for basic supplies. Unfortunately, some gas stations are injury magnets, and some of these injuries derive from negligence. If you or your loved one has been injured in such an environment, an experienced gas station injuries lawyer from Morgan & Morgan might be able to help you secure the compensation you need and deserve. All you have to do is fill out our free case evaluation form. 

Common Gas Station Injuries Across the United States

Some of the most common gas station injuries include: 

Slip and Falls

Slips and falls are the most common accidents at gas stations across the US. These accidents occur due to various reasons, including:

• Potholes
• Gas or oil spills near pumps
• Debris
• Spilled liquids or foods 
• Wet floors in bathrooms

Gas stations are required to put up measures to prevent such accidents. For example, it is possible to prevent slip and fall incidents caused by wet floors by hiring extra cleaning staff to keep the floor clean and dry at all times. And when the floor is wet for reasons such as routine cleaning, the gas station management should set up clear signs warning customers of the slippery floor. 

The same applies to debris, potholes, and other dangerous conditions that could increase the risk of slips and falls at a gas station. The management should closely monitor these dangerous conditions and get rid of them immediately or warn customers. 

Burns

Gas stations are required to provide safety measures to protect their customers from the risk of fires. And since these establishments deal with fuel, you expect them to be at the top of their game regarding providing fire protection and safety. From installing fire extinguishers to inspecting fuel pumps for leaks, the list of safety precautions these establishments must adhere to is broad. Any negligence in such an environment is enough to claim lives and destroy property.

To put things into perspective, in 2018, there were at least 4,300 gas station fires across the United States, the highest since 2008. According to the study, a larger percentage of these fires were caused by the faulty electrical distribution of lighting equipment, a form of negligence. 

Inhaling Toxic Fumes

Carbon Monoxide and other toxic fumes are quite common in gas stations. You may be exposed to these toxic fumes if you visit a gas station that lacks proper ventilation. Consequently, you may develop respiratory complications. 

Assaults

Not everyone who visits a gas station plans on pumping gas or buying something from the store and walking away peacefully. On the contrary, thousands of people lose their lives at gas stations every year through failed robberies, while others suffer serious injuries from fights at these establishments. 

If the gas station has a history of attracting such incidents, you expect the management to do something about it, preferably beefing up security. But some gas stations consider additional security an unnecessary expense, putting the lives of their customers at risk. This is a form of negligence.

Car Accidents

Vehicle accidents at gas stations can lead to severe injuries and even death. If the gas station management knew or should have known about a dangerous condition that would have increased the risk of such accidents but failed to do anything about it, they might be liable for injuries sustained.

What Are Elements of a Gas Station Injury Claim?

If you or your loved one has suffered any of the injuries mentioned above, or anything along those lines, you may be eligible for compensation. But you should not expect the establishment to write you a check just because you have a case against them. Instead, to qualify for compensation, you or your attorney must be able to prove the following key elements:

The Existence of the Dangerous Condition

The gas station establishment will want to know what exactly injured you. Of course, you cannot file a claim without proving that a dangerous condition existed at the gas station. This might seem relatively easy on paper, but in reality, it is not. For instance, the other party will try to find out what you did when you got injured. Luckily, most gas stations have surveillance cameras. Granted, the management will review the footage to determine how the accident occurred and whether you played a role in the injury.

Remember, most states follow the comparative negligence doctrine when handling these cases. This doctrine allows for the sharing of liability between parties involved in a claim. So if you played a part in your injuries at the gas station, the judge might find you 20% responsible, meaning you can only collect 80% of the damages you are entitled to. It is also important to note that in most states that allow this doctrine, one party cannot recover compensation if found to be more than 50% at fault for the accident or injury.  

Knowledge of the Dangerous Condition

Some gas station accidents occur due to genuine accidents. The management could claim that the injury was an accident and not due to negligence. Therefore, you must prove that they knew or should have known about the dangerous condition. 

For instance, when the person on the checkout line spills cooking oil on the floor, and then you slip and fall after stepping on it seconds later, one might argue that the management could not have known about the dangerous condition early enough. However, suppose the dangerous condition existed for hours, and nobody did anything about it. If so, the injury victim might be able to file a slip and fall claim against the injured party. 

Failure to Handle the Dangerous Condition

It is one thing to know about a dangerous condition at a gas station and a totally different thing to fail to do anything about it. In most cases, these go hand in hand when proving liability. In other words, after providing that the management knew about the dangerous condition, you must also demonstrate that they did not remove it. That failure counts as negligence.

There are so many ways you may be able to prove this. For example, a premises liability attorney might be able to obtain surveillance footage of the premises, showing that the dangerous condition had been left unattended for hours before the injury. 

In situations where it may have been impossible or difficult to get rid of the dangerous condition, you expect the gas station to put up clear and visible signs warning customers about the dangerous condition. For example, it may be difficult to completely dry a floor after mopping. 

Therefore, as the floor dries up, the management should put up a visible sign warning customers of the slippery floor. Failure to put up such signs is a form of negligence. As a result, the management may be responsible for the injuries sustained following a slip and fall incident at the store. 

Here's a useful guide on what to do if you or your beloved has been injured at a grocery store. 

Connection Between the Dangerous Condition and Injuries Suffered

You must also prove that your injuries derived from the dangerous condition. If the other party, particularly the insurer, discovers that you had other health problems that could have contributed to the injury, they could use that against you. 

For instance, suppose you slipped and fell, hitting your lower back in the process, and yet you have a history of back pain. In that case, the other party could claim that although you slipped and fell, the incident itself did not contribute to your injuries. You will then be responsible for establishing the connection between the dangerous condition and the injuries you suffered. In other words, you must prove that the dangerous condition is the proximate cause of your injuries. 

Damages Incurred Due to the Injuries

Lastly, you must also demonstrate that you incurred damages due to sustained injuries. That's the whole point of obtaining compensation. Examples of damages you may be able to recover following a gas station injury include:

Economic damages: They include medical expenses, lost wages, loss of earning potential, cost of transport to medical appointments, and so on. 

Non-economic damages: These cover pain and suffering, loss of enjoyment of life, mental anguish, permanent disfigurement, etc. 

Do I Need an Attorney to File a Gas Station Injury Claim?

Although you can file a claim on your own, it is highly advisable to consult an attorney. As you have discovered, gas station injury claims can be complicated. Besides, these accidents can lead to severe injuries or even death. If you have been seriously injured in such an accident, you need someone to fight for you as you recover. And in the unfortunate event that you lost a loved one due to an accident, you need time to mourn and process the pain.

When that happens, you may not have the time or energy to pursue a claim. Remember, you will need to fill out important paperwork right from the beginning to the end. But that's not all. You will also have strict deadlines to beat. Failure to adhere to these deadlines could mean losing an entire claim. The same applies to filing the wrong paperwork or missing a step in the claims process. 

An experienced gas station injury attorney will fight for your rights and best interests throughout the claims process. And since these cases usually involve thousands of dollars worth of compensation, you should not expect the insurance company to write you a check without a fight. Instead, they will come up with every reason to blame you for the injuries.

Bear in mind that insurance companies play games. Some will take advantage of your physical, mental, and emotional pain to coerce you into signing a lowball offer. In most cases, many accident victims sign settlement agreements without ever knowing the actual value of their claim. 

That is not something you would expect the insurance provider to inform you about. If your claim is worth a million dollars and you agree to settle for $10,000, the insurance company will not stop you from signing the agreement. Instead, they will try to expedite the process, ensuring you do not get the chance to work with an attorney. 

So why would the insurance company hope that you do not get the chance to hire an attorney? This article explains everything you need to know. 

This is because an attorney will inform you about rights you didn't know you had. Also, the attorney can help maximize your claim. While most injury victims file claims for medical expenses and lost wages only, an attorney will explore other options, including non-economic damages, to ensure you receive the compensation you need and deserve. 

Your attorney will also investigate the claim to determine whether more than one party may be responsible for your injuries. If so, then they will also file a claim against other secondary parties involved. 

The bottom line is that you may be eligible for compensation if you or your loved one got injured at a gas station. While you can file an independent claim, an experienced gas station injury attorney can help you in many ways. From providing crucial legal advice to dealing with stubborn insurance companies and claims adjusters directly, the list of benefits of working with an attorney is endless. 

Contact a Morgan & Morgan Gas Station Injuries Attorney

If you need to speak with an attorney who has your best interests at heart and will aggressively pursue your claim, fill out our free case evaluation form today.