Oil refineries are complex operations and require the tireless labor of skilled and dedicated individuals. But even the most experienced and careful oil refinery workers can end up in dangerous situations. The presence of flammable substances and combustible reaction events could foreseeably lead to health hazards such as fires and explosions. Further, oil refineries require the use of heavy machinery. Therefore, proper safety precautions are essential.
But when management forgoes these safety precautions, they put their employees in even greater risk of harm. Such behavior should not be tolerated. If you are injured on a Houston oil refinery site because authority failed to implement or abide by appropriate safety regulations, it is your right to bring your case to court. In court, you could recover for the physical, financial, and emotional impact that your injuries have had on your life. For a victim of a Houston oil refinery site accident, recovery for injuries can be invaluable in your road to rehabilitation.
With so much on the line, you deserve the assistance of the Houston oil refinery personal injury attorneys at The Queenan Law Firm, P.C. Our lawyers have represented countless clients just like you who were unfairly injured at work. We are not afraid to take on the big names because we only care about getting you what you deserve for your injuries. To set up your initial free-of-charge consultation, call our offices at (817) 476-1797.
Negligence on an Oil Refinery Site in Houston
When an accident occurs on an oil refinery site, the cause is most often negligence on the part of supervisors or management. The conditions that gave rise to the accident are typically preventable, which creates liability for the refinery if they fail to take the appropriate steps. The legal concept of negligence is comprised of four elements: duty, breach of duty, cause, and damages.
Duty
Oil refineries are highly regulated areas because of the natural dangers that exist in that environment. Working with combustible materials in an industrial setting with so many moving parts will always present a risk to the people that take on the responsibility that comes with the work. However, it is the responsibility of those in charge to take reasonably prudent steps to ensure that their employees are safe from harms that may foreseeably arise at an oil refinery. For the purposes of negligence, this is what is known as the “duty” of the oil refinery.
Breach of Duty
The failure to implement or consistently enforce these safety precautions on site is a breach of that duty for the oil refinery and its management team. Breach of duty does not have to be a conscious or affirmative action. For the purposes of negligence, there is no difference between a supervisor’s implementation of unreasonably ineffective safety procedures and the supervisor’s failure to implement any procedures.
Cause
The oil refinery will be liable if their breach of their safekeeping duties caused an accident that led to injuries. In order to prove cause in a lawsuit for negligence, one would have to show that the accident would not have taken place “but for” the site’s breach of their duties. Plaintiffs will also have to demonstrate that the accident and subsequent harms were foreseeable. For instance, a fire at an oil refinery is foreseeable, so management should take proper precautionary fire control and prevention measures such as installation of fire extinguishers. However, a malfunctioning fire extinguisher may not be foreseeable for management, and could be seen by a court as a superseding cause.
Damages
A successful personal injury lawsuit in Houston after an oil refinery site accident will mean that the court orders the negligent party (or their insurance provider) to compensate the victim for their injuries. This compensation is called “damages” in legal terms. Damages represent the consequences of the accident and resulting injuries in monetary terms so that the court might restore equity. In other words, your damages are the calculation of what you deserve to be paid after your accident. Damages in Texas for a personal injury case will typically account for medical expenses, lost wages as a result of missing time at work, and any pain and suffering that a victim may experience.
Statute of Limitations for Houston Oil Refinery Site Injury Lawsuits
Even if you have a valid case against an oil refinery for injuries sustained in an accident, you still face impediments regarding the time limit for filing your case. The time limit for how long you have to file your case is called the statute of limitations, and differs by state.
In Texas, you have two years from the date of the accident to formally file your lawsuit. If a loved one has died as a result of an oil refinery site accident in Texas, you may file a wrongful death lawsuit on their behalf. Wrongful death lawsuits adhere to a slight variation on the statute of limitations. You still have two years to file your suit, but the clock starts to run on the date of the deceased’s passing, rather than the date of the accident itself.
If you fail to file your lawsuit within this timeframe, a court will likely discard your case without even examining the merits. It is therefore critical that you speak to an attorney as soon as possible if you have a valid case, since preparing and filing can take some time in certain cases.
Get Justice for your Injuries after a Houston Oil Refinery Site Accident
To put yourself in a better position to recover after an accident, speak to the Houston oil refinery personal injury attorneys at The Queenan Law Firm. No matter how severe the injury, you deserve to be compensated. Call (817) 476-1797 today for a free initial consultation on your options.