Prevent Gas Fires and Explosions to Limit Liability
A tragic explosion at the Upper Big Branch Mine in Montcoal, West Virginia this month continues to weigh heavily on the hearts and minds of many state residents. 29 miners lost their lives in the blast that occurred on April 5, 2010. The Massey Energy Company, which owns the mine, was cited for 515 violations of safety in 2009 and another 124 already in 2010 prior to the explosion.
The mine has been fined more than $382,000 for these violations, many of which included safety issues with the ventilation plan and related equipment. The exact cause of the explosion has yet to be determined.
Preventing Gas Fires and Explosions
If you own a home or a business in West Virginia, you have a certain responsibility to protect those who you invite into your home or place of business. Gas fires and explosions are some of the most unpredictable and deadly types of incidents that can take place on your property.
Taking care to prevent these types of events can save lives and limit your liability in the case of an accidental injury.
- Have gas lines, electrical outlets and appliances inspected yearly for leaks, cracks or worn-out hoses
- Call the appropriate utility company before you dig any hole on your property
- Never store, clean or discharge weapons around gas lines or open flames
Gas fires and explosions can happen in a number of places, including obvious work environments such as coal mines, aboard or around gasoline tanker trucks, pipelines and factories. However, they can also occur as the result of carelessness with gas fireplaces, gas stoves, camping equipment, defective products, welding equipment, gas BBQs, propane heaters and fumes from gas cans.
If you've been injured in a fire or explosion, you have rights. Contact a West Virginia personal injury lawyer to help you today.
Key Legal Takeaways & Summary
Essential West Virginia Legal Principles Established in This Case:
- •This analysis of "Prevent Gas Fires and Explosions to Limit Liability" highlights the essential legal protections and obligations established under West Virginia civil and statutory law.
- •Under West Virginia's modified comparative negligence framework (W. Va. Code § 55-7-13a), an injured motorist may recover damages provided their degree of fault does not exceed 50%.
- •Preserving physical evidence—including vehicle electronic data recorder (EDR) logs, witness statements, and accident reconstruction data—is vital immediately following a collision.
Frequently Asked Questions
Common questions and legal analysis regarding claims under West Virginia law:
What steps should I take immediately after a motor vehicle accident in West Virginia?
Seek prompt medical attention, ensure law enforcement completes an official crash investigation report, document scene photographs, and avoid providing recorded statements to insurance adjusters before consulting counsel.
How does comparative fault affect car accident settlements in West Virginia?
West Virginia follows the 51% bar rule: if a driver is determined to be 20% at fault, their total damages are reduced by 20%. If they are found 51% or more responsible, recovery is completely barred.
Related Practice Resources & Analysis
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