Posted On: May 17, 2011 by Schuler, Halvorson, Weisser & Zoeller

Rupture of Hose on Gas Truck in West Palm Beach, Florida Results in Severe Burns

The victim in this Florida negligence case was 38 years old and had been supporting two children on his own for years. As an employee of a local gas company, he was in the process of delivering liquid petroleum gas to one of his customers, when the distribution hose on his truck ruptured, causing liquid propane gas to spew into the alley way behind the building where it ignited, causing a massive explosion. The victim was turned into a fireball, and he was caused to suffer severe burns all over his body and injured his spine in the process of attempting to put the fire out that was burning his flesh.

As a result of this accident, this victim sustained second degree burns over thirty-six percent (36%) of his body. The areas that were affected were his face, ears, chest, back, abdomen, and both legs. He also had edema and swelling of the brain.

After the incident, the victim was airlifted to St. Mary’s Hospital and the immediately transferred to Jackson Memorial Hospital where he was admitted to the burn unit. He was in critical condition for several weeks and his prognosis was very grim. He was in and out of consciousness for several weeks. He remained in the burn intensive care unit for more than three weeks. He experienced renal problems.

Upon his release he was immediately sent to a rehabilitation center in Delray Beach, Florida. He remained there for approximately two weeks and then continued on an outpatient basis for approximately three months.

After seeing numerous physicians, including psychological and psychiatric counseling, it was ultimately determined that this victim was permanently 100% disabled from the injuries he sustained as a result of this accident. He was placed on disability where he will remain for the rest of his life. His medical bills and lost wage claim totaled greater than $400,000.00.

Since this victim was injured during the course and scope of his employment, all of his medical bills and wages were paid by worker’s compensation. However, this victim testified that he had recently driven his truck for an inspection of that vehicle as required by the State of Florida. This inspection facility had the duty to carefully inspect said vehicle including the tanks, outlets, and all hoses to make sure that the proper hosing was being used and that the hose located on the truck was in good condition, capable of conducting a liquefied petroleum under pressure, and not leaking.

This gentleman sought the assistance of Attorney Richard D. Schuler in this matter. Mr. Schuler assembled a team of investigators and experts who found that the a simple visual inspection by the inspection facility should have revealed that the hose used on the truck for conveying LP gas liquid or vapor was in violation of the National Fire Protection Code and UL 21 with respect to the specifications for marking, strength and chemical resistance. Finally, the extent of wear, fiber reinforcement degradation, and lack of external ink markings was the product of substantial use and exposure over such a lengthy period of time that it should have been apparent to an inspector. In other words, replacement of this hose was long overdue and the wear and fiber reinforcement degradation that continued over a substantial period of time is what caused the resulting rupture.

This victim’s life has been forever changed by the carelessness and negligence of the inspection facility who acted in total disregard of his safety. He will never work again and because of the burns he sustained he will be scarred for life… all because a simple hose was not replaced on the victim’s work truck.