What are my rights if I was pumping gas at a gas station and the hose ruptured?

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What are my rights if I was pumping gas at a gas station and the hose ruptured?

Gas was shooting everywhere. I had gas all over me and it was all over my car. My clothes were actually soaked. Could not wear home. At least 10 to 20 gallons of gas shot out. Very scary had my 2 kids and wife in the car. Luckily the windows were closed. Will they make a settlement offer from the insurance carrier? Looking for clothing to be replaced and car cleaned. I was wearing shorts and a tee shirt; the gas got all over my skin and in my hair.

Asked on May 26, 2014 under Personal Injury, New York

Answers:

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

Answered 6 years ago | Contributor

You can file a claim with the gas station's insurance carrier for cleaning your car and replacement of your clothes.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier, you can reject the settlement offers and file a lawsuit for negligence against the gas station.  You may be able to file your lawsuit in Small Claims Court.  Your damages (the amount of compensation you are seeking in your lawsuit) would include compensation for your clothes and car cleaning plus court costs.  Court costs would include the court filing fee and process server fee.  This answer to your legal question is based on the assumption that you did not receive any medical treatment for the gas that sprayed on your skin and hair.


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