Can I sue a gas station if the gas pump hose sprayed me from head to toe while I was pumping my gas?

UPDATED: Oct 1, 2022

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Can I sue a gas station if the gas pump hose sprayed me from head to toe while I was pumping my gas?

I was at Racetrac gas station at 9am
this morning 1/8/19, I put the nozzle
into my tank and pressed the 87 grade to
start the gas pump, when I started to
pump gas started spraying me all over
from the hose and all over my car. I
went inside to get them to cut it off
and they did also they filled out an
incident report. Then about 30 minutes
later I started feeling sick and my
chest started getting tight… I took a
breathing treatment and my head started
hurting really bad so I then went to the
ER to be treated.

Asked on January 8, 2019 under Personal Injury, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Prior to filing a lawsuit against the gas station, it may be possible to settle the case with the gas station's insurance carrier.
After completing your medical treatment and being released by the doctor, obtain your medical bills, medical reports and if applicable, documentation of wage loss. Your claim filed with the gas station's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the gas station's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the gas station.
If the case is NOT settled, your lawsuit against the gas station must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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