Who Can File a Gas Explosion Claim in Texas?
Explosions do not respect property lines. Occupants, neighbors, passers-by, workers, tenants and emergency responders may all have claims, and so may people who were not physically struck at all.
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Occupants of the building
Anyone injured inside the structure, whether owner, tenant, family member, guest or employee. Being a tenant rather than an owner makes no difference to a personal injury claim.
Where a landlord knew of a gas odor or a defective appliance and did not act, a claim may lie against the landlord as well as against a utility or contractor.
Neighbors and passers-by
Blast pressure, flying debris and secondary fires injure people in adjacent buildings and on the street. Those are ordinary negligence claims against whoever caused the explosion.
Property damage to neighboring buildings is recoverable too, and neighbors are often the group least likely to realize they have a claim at all.
Workers on site
A worker injured by an explosion may have workers compensation benefits through their employer and, separately, a negligence claim against a third party such as the utility, a contractor who struck a line, or an appliance manufacturer.
Where the employer does not subscribe to workers compensation, the employer may be sued directly in negligence. Which route applies should be established early.
Emergency responders, in narrow circumstances
Firefighters and paramedics injured responding to an explosion face additional doctrines that can limit claims arising from the ordinary risks of the job.
Those limits are not absolute, and a claim may still exist where conduct went beyond the risk inherent in responding, for example where a party failed to disclose a known hazard. It is worth advice rather than assumption.
Families after a fatal explosion
The surviving spouse, children and parents may bring a wrongful death claim. Siblings cannot in Texas.
The estate may separately bring a survival claim covering conscious pain and suffering before death, medical costs and funeral expenses. In burn deaths the survival element can be substantial where the person survived for a period.
People with no physical injury
Texas recognizes limited circumstances in which mental anguish is recoverable without physical injury, including for certain close family members who witnessed a death or serious injury as it happened.
These claims are narrow and fact-specific. They are mentioned because families frequently assume that not being hurt physically ends the matter, and that is not always so.
Summary
| Claimant | Claim | Note |
|---|---|---|
| Occupant, owner or tenant | Personal injury | Tenancy makes no difference |
| Neighbor or passer-by | Injury and property damage | Often unaware they have a claim |
| Worker on site | Comp, plus third-party negligence | Non-subscriber may be sued directly |
| Emergency responder | Possible, but limited | Additional doctrines apply |
| Spouse, children, parents | Wrongful death | Siblings cannot in Texas |
| Estate | Survival action | Substantial where death was not immediate |
Keep reading
Texas Gas Explosion Lawyer
A gas explosion destroys the evidence of its own cause.
Practice areaGas Explosion Claim Value
Explosion claims sit at the severe end of injury litigation.
ReadDeadline to File a Gas Explosion Claim
Two years for a personal injury claim.
ReadWho Is Liable for a Gas Explosion?
Gas reaches a building through a chain of parties: producer, transmission operator, local distributor, service line, meter, appliance and installer.
ReadBurn Injury Claim Value
Burn claims are valued differently from other injuries because the treatment does not end.
ReadWho Can File a Wrongful Death Claim in Texas
Texas limits the right to bring a wrongful death claim to three categories of family member.
Read
Frequently asked questions
Yes. Blast pressure, debris and secondary fires injure people in adjacent buildings and on the street, and property damage to neighboring buildings is recoverable. Neighbors are often the group least likely to realize they have a claim.
A tenant injured in an explosion has the same personal injury claim as anyone else. Where a landlord knew of a gas odor or defective appliance and failed to act, there may also be a claim against the landlord.
Possibly, in narrow circumstances. Texas recognizes limited claims for mental anguish without physical injury, including for certain close family members who witnessed a death or serious injury as it occurred. These are fact-specific.
A worker may have workers compensation benefits and, separately, a negligence claim against a third party such as the utility, a contractor who struck a line, or a manufacturer. A non-subscribing employer can be sued directly.
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