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Is a gas station responsible for my Emergency Room bills resulting from gasoline pump accident?

Asked almost 3 years ago - Seattle, WA

I was pumping gas a few weeks ago into my scooter and the nozzle locked and would not unlock. Subsequently, gasoline sprayed onto my face and into my eyes. I ran into the station and asked the attendant for eye wash but 1. he was slow to understand me and did not have a great grasp on English and 2. when he finally understood me and checked the 1st aid kit they did not have eye wash.
I drove home to flush out my eye but was instructed by a nurse to go to the ER to make sure my eyes did not have any chemical burns from the gasoline. My ER bill is almost $1400.00. Should the gas station pay any part or all of this for 1. having a possible faulty pump and 2. not having eye wash. Thank you.

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Attorney answers (1)

Steven L Shaw

Reputation Level 9

Answered almost 3 years ago. Car / Auto Accident Lawyer in Bellevue, WA.

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Potentially. Dispensing gas is dangerous and done at your own risk. That being said, the gas station is responsible for maintaining their pumps and making sure they are working properly. When you say it would not unlock, do you have any evidence that the pump handle was broken? Have you been back to look at it?

If you can demonstrate that the pump handle was broken, you could hold the gas station reponsible. Whether or not you do, you should write to the gas station owner to inform them of what happened. See if you can get the name of the person that was working and include that. Submit your bills to them and see what kind of response you get.

If they refuse, you could consider taking the station owner to small claims court. You would be entitled to ask for reimbursement of medical bills, and for money to represent having to go through that ordeal. Keep in mind that small claims has a limit to the amount you can request - I believe its $4000 in King County. If you are seeking more than that, an attorney would be your best bet.

Good luck.

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