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Explosion Accident Liability: How Liability Is Determined

Posted on June 16, 2021 in

Explosion accidents are unique in the injury realm due to the nature of the incidents. Explosions are much more likely to affect larger areas and more people than most other causes of personal injuries. In these incidents, it is not uncommon for a significant number of parties to be involved, including property owners, companies and manufacturers, insurance carriers, legal teams, and many individuals. In the aftermath of an explosion, liability has to be determined so that injury victims can secure the compensation they are entitled to. Here, the team at the Doan Law Firm wants to discuss how liability is determined after an explosion accident.

Determining Liability and Who Can be Held Liable

Determining liability in the aftermath of an explosion accident can be challenging, and there will need to be extensive resources used to conduct a complete investigation into the incident. An attorney can use their resources to obtain any evidence used to determine what happened, including the following:

  • The results of any state or federal investigations into the explosion
  • Statements from eyewitnesses
  • Company or manufacturer records
  • Photo or video surveillance of the incident

There may be various parties that could be held liable in these incidents and held responsible through a third-party personal injury lawsuit. We bring this up because most work accident claims will be resolved through workers’ compensation insurance in the respective state where the incident occurred. However, injury victims may be able to step outside of the workers’ compensation system and hold other parties liable.

Liability of an employer/plant owner

Perhaps the most obvious entity that could be held liable after an explosion incident is the employer or chemical plant owner. Regardless of what type of industry we are talking about, employers and owners of the plants owe a duty of care to their employees. There are numerous rules and regulations that employers and plant owners must follow regarding the safety, maintenance, and operation of the facility. Failing to comply with these regulations could cause devastating results and lead to the employer being held responsible for the incident.

Liability of the equipment manufacturer

It does not matter what type of industry we are talking about – every plant will have equipment used by the employees to carry out their duties. Plant owners and operators, as well as the employees, all count on receiving quality equipment from companies and manufacturers. If the equipment being used experiences a malfunction or is defective, this could result in a product liability lawsuit against the manufacturer of the equipment.

Equipment can become defective and one of three ways:

  • Design defects, which means that the manufacturer or company of the piece of equipment failed to properly test the design before they released it to consumers.
  • Manufacturing defects, which means that the equipment experienced an error during the manufacturing process that rendered it unsafe for consumers to use.
  • Marketing defects, which are also referred to as “failure-to-warn” defects. This means that the manufacturer did not provide proper instructions about the safe use of the equipment.

Reach out to an Explosion Accident Lawyer Today

If you or somebody you love has been injured in an explosion accident caused by the careless or negligent actions of another individual, company, or entity, reach out to the team at the Doan Law Firm help as soon as possible. Our attorneys have extensive experience handling complex explosion accident cases throughout the US, and we have the resources necessary to fully investigate every aspect of what happened. When you need an explosion accident lawyer by your side, you can contact us for a free consultation of your case by clicking here or calling 800-349-0000.