This is one of the least spoken about, but no less tragic events occurring to innocent people. What is it, you ask? The answer is that tiny dust particles in the air can ignite into flames. These tiny particles can rapidly expand into a fireball.
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So it's natural for you to wonder as a victim; how much is my case worth and who pays? First, let's get a basic understanding of how you were injured. Here's how it works. A cloud of dust ignites into flames. The fire, flames, and shock-waves can quickly envelop a person.
Hence, a burn victim, a dust fire quickly makes. Determining who caused the incident is not easy at all. So getting the right help is paramount in any catastrophic personal injury case. Because of this, the burn lawyers at Ehline Law Firm developed a tested system for these cases.
In fact, we have assisted thousands hurt in mishaps that were not their fault. Furthermore, our job is helping individuals rocked by tragic, unforeseen accidents involving negligence.
Pinning Down Liability for a Dust Fire Case
Dust fires are often the result of negligence. It's not always an accident. Sometimes, if not but for the bad acts of the defendant, no one would have gotten hurt. But it takes a highly experienced legal team to pin down legal liability.
And this is an art and part of practicing law. Also, proving damages is no walk in the park. Still worse, tragically hurt families and victims are usually grieving and of unsound faculties.
Often this will be the most crucial part of the future burn injury case. So the evidence gathering phase is critical after an inferno. When a victim becomes laid up in the hospital or mourning, the clock is still ticking.
Witnesses can forget things. They can also die, or move to or from one jurisdiction to another. Striking while the iron is hot is key to maximizing the value of a personal injury claim involving a dust fire.
The First and Most Important Step is Hiring a Lawyer
The first phase in a successful combustion injury lawsuit is getting an agent. The lawyer's primary agenda will be to gather evidence. So the attorney will send out a demand for preservation of evidence and require a site inspection.
Of course, other things can get achieved on top of this. For example, a represented party may be successful in a motion for pre-trial discovery. Conversely, an unrepresented party, may not even know how to file the proper papers to get this relief.
But when victims use civil court subpoena power to gather evidence, they can go on "fishing expeditions." What that means is victims can collect evidence that may not be admissible during trial. But it may none the less lead to other evidence that could get used at trial. So it's allowed.
What is the Dust and The "Fire Triangle"?
Dust can act as a fuel source in some cases. Also, when combined with air and an ignition source, it causes dust-ball fires. These clouds can be responsible for severe burn injuries and toxic smoke inhalation. Dust fires are prevalent in some industries.
So dust fires place workers at risk for severe injuries or fatal loss daily. The fire department and firefighters call this type of fire a "fire triangle."
But the triangle has three elements:
- A fuel source;
- An ignition source, and;
They call it this name because of how difficult this exploding cloud can be to extinguish. Also, it must be doused with the use of chemical compounds, not water!
Using water to snuff it out could make it explode, or even worse
What Dangers to Workers of a Dust Burn Injury Are Ever Present?
Employees are in immediate danger when there is a dust fire. Also, nearby residences can be at risk of toxic smoke inhalation. So when there is a sizeable industrial dust fire, it can endanger the whole community.
Toxic smoke absorption into their lungs is an existential threat. Also, the victims of a powder fire can suffer first, second, and third-degree burns. And these injuries are often associated with pernicious smoke absorption. Last, this can be catastrophic or deadly.
What is the Duty to Make Safe?
The owner of a plant or factory has an obligation to ensure workers have a safe environment. Additionally, they must use practices reducing the threat of dust fires in the workplace. So employers must maintain a clean work environment and have regular inspections.
Furthermore, they must utilize dust filters. Also, they should use dust collection systems. Last, they must ensure there is proper electrical equipment that will not ignite the powder. Because of this, they must have appropriate fire control extinguishing methods for dust fires.
Furthermore, employees must get properly trained in the event of a dust fire. Employees and employers should receive training in reducing the ignition sources. They also must know how to stifle dust flames without using water.
What are the High Risk Industries for Combusting Dust Explosions and Injuries?
Business Industries at a high risk of dust fires include chemical manufacturing companies. So manufacturers of agriculture products
are on the radar as potentially liable. But they also encompass tire manufacturers and businesses that use sanding or grinding tools
Furthermore, manufacturers of:
- Forest products,
- Coal mining and fossil fuel power plants can be all be defendants.
What if the Employer Fails to Abide By the Standard of Care and I am Burned in a Dust Fire?
In the event an employer does not maintain proper safety standards, people will die or get maimed. So they must train people to avoid dust fires in the workplace.
Also, if faulty electrical equipment causes a dust blaze, negligence is usually a factor. And if you or a loved one suffer burns or the fusion of toxic smoke into their body, you need a lawyer.
Additionally, discussing your case with the burn injury lawyers means knowing your legal rights. Only then can you hold the negligent party responsible for their nonfeasance. Most important, only then can you attempt recovering windfall like compensation.
What About Third Party Liability?
But when bodily injuries occur due to dust created fires, there can be third party negligence. So if there is defective equipment or an employee’s actions are careless or reckless, you may have a suit. But it is important to consult Ehline Law Firm as soon as possible after the initial burns. Mainly this is because evidence can get destroyed over time.
What is it that Unrepresented Victims Cannot Be Expected to Know that Attorneys Know in Discovery?
Pushing the envelope and engaging in Rambo litigation tactics could anger the judge. And if deemed harassing or time wasting, a court could sanction a party. But discovery is a two-way street.
So the plaintiff must also comply with seemingly unreasonable requests for evidence. Mostly, these are things an unrepresented, grieving individual cannot know.
But a compassionate lawyer will know this. So right away, the lawyer will instill confidence in you. Now as you grieve and physically heal, your lawyer handles the grunt work.
So don't let your case go up in smoke. Our goal is to rescue the remnants of your life from the ruins of these cinders and ashes. We want to exchange the flakes, powder, and grime that caused your burns.
What Do You Do to Get Legal Help for a Burn Like This?
First of all, the law limits the amount of time you suffering victims or families have to sue. Next, dust burn injury lawyers have the experience and resources to investigate your accident. That way we can hold the large company responsible for negligence. So how do you get this help? Simple, pick up your phone and call our high achiever lawyers at (213) 596-9642 to discuss your case.