I was doused with gasoline while pumping gas. I have chemical burns on my chest but didn't report it to the gas station.
Stuart, FL
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Posted about 1 month ago in Defective / Dangerous Products
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I didtn't report it at the time, 5 days ago. I just got in the car and drove home to clean up. Do I have a negligence case against the gas station due to the fact that their pump didn't shut off and the backsplash of the pump burned me? I thought the pumps had an automatic shut off when the tank was full. The gas splashed back all over the front of my blouse and pants.
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Answers (2)Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted about 1 month ago.
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Your facts suggest you will have to overcome the defense of user error. That is a technical term asserting that any problems caused when using a device are the fault of the user. It is a euphemistic way to suggest that the device is neither flawed nor poorly designed.
You might find my Legal Guide helpful "Ethics: Yes I Need a Lawyer!" http://www.avvo.com/legal-guides/ugc/ethics-yes-i-need-a-lawyer Check with a lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
Jonathan H Levy
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