Gas explosions can be devastating anywhere they take place, especially in a residential area where children and pets play. Gas explosions result from gas leaks encountering ignition sources and can cause property damage, personal injuries, and even fatalities.
To make matters worse, homeowners have to endure the legal process and deal with victim-blaming insurance companies while navigating the injury, destruction, grief, and loss impacting their families. Insurance companies know how much suffering homeowners endure after heavy damages and losses and may offer a low-ball settlement while they know you’re desperate.
Balancing physical and emotional recovery with the need for financial compensation leaves more than a few homeowners asking themselves what legal steps they should take after a residential gas explosion.
Homeowners’ Legal Steps for Gas Explosions in Residential Area – Key Takeaways:
- The first step after a gas explosion in a residential area is to seek immediate medical care and contact emergency services.
- Ensure all injuries are documented for future claims.
- Consult an experienced gas explosion lawyer to handle insurance claims, paperwork, and negotiations.
- Isolate the negligent party – the person whose carelessness caused the incident.
- Notify the appropriate insurance company about the explosion. Review your policy to understand your coverage.
- Documentation: Thoroughly document the incident with photographs, witness statements, and medical records.
- Proof of negligence and documentation of damages is crucial for building a solid legal case.
- A seasoned personal injury lawyer lets you focus on recovery – they’ll manage the legal and insurance processes and paperwork on your behalf.
Insurance companies may victim-blame you and your family, especially if you’re representing yourself. If they know that you need the money to pay your bills or don’t know what the case is worth, they may offer you a less-than-fair settlement. But we’re here to arm you with the knowledge you need to succeed.
This article will cover the types and causes of a gas explosion, how to determine liability, and the crucial safety steps you and your family can take to prevent future explosions. Then, we’ll explain how a gas explosion injury lawyer from Zinda Law Group can help navigate the red tape and negotiate with insurance and court while you and your family focus on healing.
First, let’s examine the legal steps a homeowner can take after a gas explosion in a residential area.
John (Jack) Zinda
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Available 24 / 7|Free ConsultationHomeowner Legal Steps After a Gas Explosion
If you and your family were in a gas explosion, get to your family’s predetermined emergency meet-up location, seek medical attention immediately, and report the explosion to 911. An experienced personal injury lawyer can handle insurance and paperwork filing on your behalf.
Neil Solomon
Partner
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Available 24 / 7|Free ConsultationSeek Immediate Medical Care
Prioritize medical treatment for any injuries sustained during the explosion.
Remember that situations like this can cause adrenaline, and in the heat of adrenaline, we tend to overlook injuries that surface later.
Once you accept an insurance settlement, there’s little to be done about future injuries that weren’t documented at the time of the claim. Therefore, we encourage you to have a doctor look over every member of the family who was present during the explosion just to make sure there aren’t any overlooked injuries.
Your medical doctor can also document any heightened anxiety or mental anguish your family is feeling and offer advice on how to start the recovery process. Ask your doctor for copies of all medical records that serve as documentation. Your doctor’s reports can support the fact that the gas explosion caused these physical and mental injuries.
Jason Aldridge
Attorney
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Available 24 / 7|Free ConsultationContact Emergency Services
Once you and your family are safe, call 911 to report the explosion and request assistance from firefighters and paramedics.
Provide the emergency service providers with detailed information about your injuries and how the situation unfolded. Remember that all reports can become evidence in your homeowner’s or renter’s insurance claim.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationConsult an Experienced Gas Explosion Injury Lawyer
Navigating the medical system, filing reports with the police and gas companies, requesting medical records, tracking medical bills, and aiding your family through their recovery can be exhausting for a homeowner to carry.
- We suggest bringing on an experienced personal injury lawyer specializing in gas leak and explosion cases early in the process.
- That way, you can focus on recovery while they organize your case and present it to insurance adjusters on your behalf.
Insurance companies may attempt to comb through your medical reports and witness statements and drill you on inconsistencies to try and lower your settlement. A seasoned accident attorney from Zinda Law’s legal team can help you through the gas explosion lawsuit process, starting with a free consultation. We’ll negotiate with insurance on your behalf while you rest up.
Our experienced gas explosion and gas leak lawyers all work under a contingency fee agreement, which means we take a percentage of your settlement if you win, and we take nothing if you lose – you pay nothing out of your pocket. We only get paid if you win.
Notify the Insurance Company
This can mean your insurance or the gas company’s insurance, depending on who’s responsible for the explosion.
We’ll cover more about determining liability down below. It’s important to note here that if you have an experienced gas explosion lawyer fighting on your side, as mentioned in the previous step, they can determine liability and notify the appropriate insurance companies and other parties on your behalf.
- If you’ve experienced a gas explosion in a residential area, we suggest reviewing your policy to ensure adequate protection before your conversation with the insurance company.
- Knowing precisely what damages your plan covers in the case of a gas explosion incident ensures you know your rights.
Insurance adjusters have a history of being more forthcoming and cooperative when dealing with personal injury attorneys than they are with their policyholders, which is unfortunate, seeing as they technically work for you and not us.
Still, our experience and domain expertise alert us to settlement offers that aren’t fair or fail to include all the relevant coverages their client has been paying for.
Document the Incident Thoroughly
Proper documentation – not only of your injuries, police reports, and gas maintenance records but also witness testimonies of the explosion incident – is a key part of the homeowner’s legal steps after a gas explosion.
An experienced attorney can handle this step for you, carefully organizing evidence and sensitive materials to build a strong case and negotiate with insurance effectively on your behalf. Regardless of whether you let a lawyer handle it or if you represent yourself, here are the key pieces of evidence:
- Photographs: Documented images of the damage caused by the explosion and any relevant photographs taken before the explosion that point to a cause and isolate the liable party.
- Witness statements: Gather testimonies from anyone who witnessed the incident, including your family members and neighbors, and any comments made by emergency response personnel or energy company maintenance employees.
- Medical records: Keep detailed records of any injuries and treatments and get your doctor to put helpful and relevant information into writing.
- Organize legal documents for courts if insurance low-balls or refuses to settle: Ensure all related paperwork to support your case is present, organized, and turned in to the appropriate agencies and parties on time.
Critical Safety Steps for Preventing and Responding to a Gas Leak Explosion
After smelling a gas leak in a residential area, evacuate, avoiding any potential ignition sources, such as open flames, light switches, and stove pilots, without risking injury. Then, call the gas company. If an explosion happens, meet your family members in a predetermined meet-up spot and get medical attention.
Execute your Family Evacuation Plan
If you smell or suspect a gas leak coming from any appliance or energy source, such as a propane tank, evacuate the house immediately and call the gas company.
Whether you’re the homeowner or just renting, you and your family should form an evacuation plan ahead of time. Identify the nearest exits and meeting points you and your family agree upon in case of a fire. While this might not apply to most residential gas explosions, it’s important to note that officials suggest avoiding using elevators and taking stairs instead.
You and your family can prepare by planning multiple escape routes from home in the case of fire and explosion emergencies, ensuring all members are on the same page regarding the escape routes and meet-up spots.
Keep emergency contact numbers handy and accessible to all family members by saving them on your phones. This can include the gas company in the case of a leak and emergency services in the case of a gas explosion. Call the appropriate service as soon as you and your family get to safety.
Avoid Ignition Sources (Stoves or Light Switches)
Whether evacuating a gas leak or fleeing a gas explosion, avoid engaging any open flames or electronic devices that could cause a spark and make things worse.
Common gas explosion ignition sources to avoid if you smell gas include:
- Stoves and ovens: The pilot sparks on gas, and electric stoves can ignite gas fumes and cause an explosion. Kill any pilot lights you can on your way out, but DO NOT attempt to locate the gas leak.
- Light switches: Turning the lights on or off can cause a spark that might ignite gas fumes.
- Electrical appliances: Unplugging or plugging in devices can cause sparks.
- Smoking materials: Matches, lighters, and even vape pens with ignition coils.
Eliminate Electronic Devices and Sparks
Refrain from using cell phones or other electronic devices until you’re safely away from the potential explosion area.
- Electronics and batteries spark: Cell phones, telephones, computers, or any other electronic devices with batteries can generate a spark that may ignite any airborne gas fumes.
- Safe distance: Get to your family meet-up spot, which should be as far away as possible to limit your family’s exposure to fumes.
Open as Many Windows and Doors as you Can on the Way Out (Gas Leaks Only)
Note: If you and your family are evacuating a property where a gas explosion has already occurred, skip this step and get away from the property as soon as possible.
In the case of a gas leak, open as many windows and doors as possible on your way out the door without delaying your family’s exit. Fresh air will dilute the gas-to-air ratio, and the cross-ventilation dissipates the gas, reducing the chances of an explosion.
Additional Safety Tips
- Gas Leak Detection: Install carbon monoxide detectors and regularly check for hissing sounds – stay vigilant about sulfuric, rotten-egg odors, and unusual changes in the behavior of gas-powered appliances.
- Emergency Shut-off Valves: Find out the location of your gas shut-off valve and teach your family how to kill the gas flow – in the case of a gas leak or gas explosion, shut the valve off asap.
- For additional gas safety recommendations, check out this resource from the NFPA.
What Causes a Gas Explosion?
A gas explosion is caused by an ignition source engaging a gas leak. A gas leak injects an area’s air quality with concentrated flammable gas. If an ignition source, such as a flame or spark, lights the air-gas mixture, the mixture can explode.
Three conditions must be present for a gas explosion: an ignition source, a flammable air-gas mixture dense with gas, and a confined space preventing new air from diluting the gas-to-air ratio. In some cases, once ignited, the fire will burn the gas up to its source, causing an even more severe explosion, as with exploding propane tanks.
While not all gases are flammable, many common energy sources we interact with daily are. Some common explosive gasses found in most residential areas include:
- Natural gas is widely used in residential areas as an energy source for heating, cooking, and electricity. “Natural gas” can refer to any naturally occurring mixture of hydrocarbon gases extracted from the earth. Natural gas can be a combination of any of the substances described below.
- Methane, a chemical compound formed by 1 part carbon and four parts hydrogen, is the main component of most “natural gas.”
- Propane, three parts carbon alkane and eight parts hydrogen, is a highly combustible gas at standard temperature and easily compressible into a fluid for transportation.
- Butane, four parts carbon and ten parts hydrogen, is an extremely flammable, colorless, and easily liquefiable gas that vaporizes rapidly even at room temperature.
Gas leaks allow these highly flammable vapors to damage homeowners, residents, and family members even before they ignite. But they become explosive once an ignition source is introduced to the mix.
Gas leaks are typically caused by negligence or a lack of attention to detail, often by the energy service provider and, in other cases, by residents or maintenance workers. Here are a few common scenarios that can lead to a gas explosion:
- Energy company employees rushing maintenance or ignoring safety violations
- Improper storage of energy sources or applications
- Inadequate maintenance of appliances, gas lines, gas tanks, and other energy sources
- Faulty, freed, worn, or sparking wires
- Faulty gas appliances due to manufacturer defects or improper installation
- Improper installation or a lack of maintenance on gas lines
- Rusty or corroded city gas lines
If you believe a city or energy company worker’s negligence led to a gas leak or gas explosion in your residential area, read on. First, we’ll dive into the types of explosions, as they can help pinpoint the cause. Then, we’ll discuss how a gas explosion injury lawyer can help you isolate the responsible party,
Types of Gas Explosions
Gas Explosions are classified into two scientific categories based on the method of combustion responsible: deflagrations (subsonic combustion) and detonations (supersonic combustion). The type of gas being detonated also affects the nature and damage of the blast.
Let’s take a look at the different types of gas explosions and how they affect residential areas.
Natural Gas Explosions
About half of all US households use natural gas for space heating or water heating. Proper installation is crucial for safety, especially in a residential area. Natural gas lines must be installed and maintained correctly, as natural gas explosions can be highly destructive and even lethal.
Gas companies employ various methods to ensure they can detect a gas leak before an explosion occurs. Natural gas can actually be odorless – natural gas manufacturers add mercaptan to give natural gas that distinct “rotten-egg” smell we recognize immediately to show us that there’s gas in the air.
If you smell concentrated natural gas in your household and can’t isolate it, you should evacuate your resident and call the gas company immediately – a natural gas leak can cause injuries without igniting.
Propane Explosions
Propane tanks are another common item used in US households for cooking and heating. Propane tanks are typically located outside of a home but can still cause serious injuries or property damage if they explode.
Propane tanks employ valves and switches that need regular maintenance and inspection – leaking valves and switches on propane tanks risk an explosion, especially if it’s in a contained outdoor space.
As a natural gas, propane has mercaptan added to indicate leaks. If you notice a rotten egg smell around a propane tank, it’s a sign of a leak, and an explosion could occur.
Methane Explosions
Methane is commonly used to generate electricity and energy for water heating, cooking, and in heating systems.
Methane explosions can occur in residential areas due to gas leaks in aging piping infrastructures and improper installation.
Butane Explosions
Butane is most commonly recognized as a lighter fluid. That said, butane is often what comes in the canisters that screw into mobile appliances, such as in camping stoves and space heaters.
While poor ventilation and improper storage can lead to exploding butane canisters, another common cause is faulty camping equipment. Stripped threading cheap gas hosing and ignition coils can all cause butane gas explosions.
Can You File a Negligence Claim After a Gas Explosion Injury?
You could file a claim after a gas explosion if the explosion or the gas leak that triggered the explosion was caused by a negligent party, meaning a city maintenance worker or nearby homeowner took an action that directly resulted in a gas leak or ignition source that caused the explosion.
Gas explosions are more common than people imagine, causing devastating injuries and even death. Negligence causes more than a few of the gas leak and explosion cases we encounter. If you can prove that negligence caused the explosion, you’re entitled to have your damages recovered, either in court or via a settlement offered by an associated insurance company.
A lawyer can file a lawsuit for negligence or a personal injury claim if you were hurt in a gas explosion. That said, there is a limit on how long you have to file (a Statute of Limitations), which varies from state to state.
Does homeowners’ insurance cover gas explosions?
Gas explosions are usually included in a standard homeowner’s policy. Most homeowners don’t need to buy an extra product to get full coverage. Still, we suggest carefully examining your policy to confirm your coverage is sufficient to cover any damage or loss to your property caused by a gas explosion.
Determining Liability for Damages in Gas Explosion Negligence Cases
Another party is considered legally liable for damages caused by a gas explosion if a defective product or negligent service, maintenance, or duty of care contributed to the incident.
Defective Product
If a defective appliance caused the explosion, the manufacturer may be liable under product liability law. Product liability law holds manufacturers accountable for ensuring their products are safe for use.
Negligent Service
If a repair company fails to properly train employees, they can be found negligent under Vicarious Liability law. Vicarious Liability law holds employers responsible for the negligent actions of their employees.
Duty of Care
Employers are typically responsible for hiring and training experts to do specialty jobs. Professionals who have undergone specialty training are expected to perform as experts. If they fall short of that expectation, they could be held legally responsible.
Examples of breach of care of duty include an appliance company that acts carelessly during transport and damages the unit or a gas company that installs gas lines correctly. If a worker breaches their duty of care, then their employer’s insurance company may be held responsible for any damage resulting from an incorrect installation that led to an explosion.
Natural Gas Companies’ Responsibility
Negligence by natural gas companies can lead to gas leaks and explosions, risking injuries and property damage. These companies can be held liable for any physical, mental, or financial damages resulting from such negligence.
By adhering to safety regulations and performing skilled labor, natural gas companies and their employees can prevent explosions. This requires compliance with industry standards and safety regulations, routine gas pipeline and energy equipment inspection and maintenance, and prompt detention and repair of any gas leaks.
Other Potentially Liable Parties
Property owners, government agencies, and energy, maintenance, or installation companies can all be legally responsible if their employees negligent actions contributed to the explosion.
- Property owners can be held liable if their carelessness or failure to maintain safe conditions contributed to the gas explosion.
- Government entities may be liable if their inadequate oversight, regulations, or infrastructure maintenance directly led to the gas leak or explosion.
- Installation companies responsible for installing the gas system can be held liable if improper installation practices or negligence contributed to the explosion.
- Maintenance companies hired to maintain the gas system that failed to perform necessary inspections or repairs could be liable for any resulting accidents.
- Propane companies may be liable for a gas accident if they provided faulty equipment, failed to follow safety protocols, or delivered contaminated or compromised propane sources.
How to Prove Negligence in a Gas Explosion Injury Case
- Establishing Duty of Care: You must demonstrate that the accused party had a legal responsibility to ensure your safety. Companies involved in providing gas and manufacturing gas tanks have a significant level of responsibility that could qualify as Duty of Care.
- Proving Breach of Duty: The burden of proving the defendant’s negligence lies with you. Whether the gas utility company failed to exercise caution during their work, failed to make routine inspections, or safely transported the equipment without causing major damages, the law requires the person filing the claim to provide proof that a breach of duty of care was involved.
- Demonstrating Causation: A lawyer specializing in gas explosion injuries can help you prove that the defendant’s actions caused your injuries. Demonstrating causation means proving the utility company, appliance company, or maintenance worker failed to take proper precautions, directly resulting in the explosion that caused the damage.
- Showing Damages Incurred: The burden of proof requires the claimant to demonstrate, beyond a shadow of a doubt, that the significant physical, mental, and financial damages were sustained as a direct consequence of the negligent party’s careless or intentional actions or lack thereof.
Types of Injuries from Gas Explosions
In addition to the damage to property and quality of life, gas blasts cause severe mental and physical injuries. Again, we suggest you seek medical care promptly after an explosion exposure, as not all these symptoms emerge right away. Getting delayed injuries covered is hard once you’ve accepted the insurance settlement.
- Blast ear: tympanic membrane rupture and middle ear damage
- Blast lung: injury to the lung parenchyma; blast lung symptoms are often delayed
- Blast brain: traumatic brain injury or injuries to the parenchyma; possible even without direct head impact
- Blast eye: rupture of the eye globe or other parts within the eye
- Blast belly: abdominal hemorrhage and belly perforation, organ injury, and testicular rupture. While some blast belly symptoms are immediate, others can be delayed.
- Other common types of gas explosion injuries include:
- PTSD
- Spinal Cord Injuries
- Broken Bones
- Emotional Distress
- Severe Burn Injuries
- Blunt Force Trauma
Types Of Damages Recoverable in Gas Explosion Injury Cases
Gas explosions can be incredibly destructive, causing economic damages, general damages, or even wrongful death. A seasoned gas explosion attorney knows exactly what types of damages are covered and what questions to ask you to make sure any of the following recoverable you may be entitled to aren’t missed.
Economic Damages (Special Damages)
- Financial compensation for Medical Bills
- Past Medical Expenses
- Future Medical Bills
- Lost wages
- Lost Earning Capacity
- Property damage
- Financial Compensation for Personal Property Damage
- Real Property Damage
- Other Economic Losses
Non-Economic Damages (General Damages)
- Severe injuries
- Pain and suffering
- Physical Pain
- Mental Anguish
- Emotional distress
- Loss of consortium
- Loss of enjoyment
- Loss of Companionship
- Other Non-Economic Damages
Wrongful Death Lawsuits
If a gas explosion causes fatalities, the family of the deceased may initiate a wrongful death lawsuit. Here’s who may be eligible to file a Wrongful Death Lawsuit after a gas explosion:
- Immediate Family Members: spouses, children, and parents of the deceased.
- Extended Family Members: siblings or grandparents may also be eligible.
- Legal Representatives: A legal representative of the deceased’s estate may file the lawsuit on behalf of the family.
Comparative Fault
If insurance companies can prove that the injured party was partially at fault for the explosion, the settlement may be reduced proportionally to the percentage of liability they claim the injured party holds. For example, if you haven’t provided adequate evidence, the insurance company may claim that the homeowner is 40% responsible for the incident. The settlement they offer is then reduced by 40%. An experienced personal injury lawyer can help you determine liability before the negotiations with insurance begin.
Joint Liability
In some cases, more than one party may be liable for your damages. In this situation, as long as the homeowner isn’t one of the liable parties, they may be able to seek all their damage recovery from any one of the responsible parties depending on the jurisdiction. For example, the gas company may try to blame the equipment manufacturer and vice versa. Regardless of the percentage of liability with which entity, joint liability allows you to recover all your damages from either private insurance company.
Of course, insurance companies will rarely volunteer that information. Let’s look at how a passionate member of Zinda Law Group’s team of personal injury attorneys can help homeowners navigate this time of need.
Taking Legal Steps After a Gas Explosion in a Residential Area? A Zinda Law Group Gas Explosion Injury Lawyer Can Help
While your homeowner’s insurance company should cover gas explosion damages, proving a negligent person was responsible for the incident typically allows you to recover more of the damages caused, such as lost wages, loss of earning capacity, loss of quality of life, and pain and suffering.
But insurance companies may attempt to victim-blame and gaslight if it saves a few bucks. Shifty insurance adjusters can make it hard for homeowners to seek justice and compensation and take legal steps after a gas explosion.
A gas explosion injury lawyer from Zinda Law Firm’s all-star legal team can assist homeowners in navigating the legal process and pursuing maximum compensation against negligent natural gas companies. Call (800) 863-5312 to speak with one of Zinda’s experienced attorneys today. Let us lead the fight on your behalf while you and your family focus on recovery.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
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