I was doused with gasoline while pumping gas. I have chemical burns on my chest but didn't report it to the gas station.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. Attorney answers (3)
You should have the burns medically documented and then consult with a local personal injury attorney who will be able tor eview all the facts of the case.
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Christian K. Lassen II, licensed in Pennsylvania and New Jersey
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Please consult with a Florida personal injury attorney immediately. The fact that you didn't report the incident is a negative but there is some hope that perhaps the security cameras at the gas station recorded the incident. However, the longer you wait, the more likely it is that the tapes will be erased/taped over, etc. Your attorney should immediately send a letter to the gas station putting them on notice of your incident and advising them that they must preserve any evidence (i.e. videotape) of the incident.
You should also seek medical treatment, if you haven't already, and tell your doctor(s) how, when, and where you were injured. If you haven't misplaced it, the receipt for your gas would also be helpful although, if you paid by credit card, those records can be easily obtained. If I can be of assistance to you, please do not hesitate to contact me. Take care, Chelsie Law Office of Chelsie M. Lamie, P.A. Former Adjuster. Former Insurance Company Attorney. Accident Survivor. www.chelsielamie.com email: chelsielamie@yahoo.com LEGAL DISCLAIMER Ms. Lamie is licensed to practice law in Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Ms. Lamie strongly advises the questioner to personally confer with an attorney in order to insure proper advice is received. 1 person marked this answer as good
Christian K. Lassen II, licensed in Pennsylvania and New Jersey
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.
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