Burn Injury
Halpert Weston Wuori & Sawusch, P.C. also has a reputation as a leading firm in the areas of burn injuries and accidents. We have represented burn survivors and their families and those who have been killed from burn injuries in many circumstances. These include from propane or gas explosions, scalds, car accidents, water heaters and defective products.
For example, we have represented many students who have been injured while attending schools and been injured in chemistry accidents. One such type of experiment has been done around the country at various schools causing vapor and flash fires from which students have received second and third degree burns over major portions of their bodies, including facial burns.
In Michigan and in many states, schoolteachers and school districts have a legal defense of “immunity,” making it difficult to bring any successful claim. There are limited exceptions to governmental immunity, and those exceptions are usually narrowly interpreted and require higher levels of proof (gross negligence, for example, as opposed to ordinary negligence). Nevertheless, Halpert Weston Wuori & Sawusch, P.C., over a five-year period during which three separate school districts had students injured in similar chemistry accidents in two states, filed lawsuits and successfully obtained significant recoveries for the students despite immunity being raised as a defense and despite the higher levels of proof required to succeed. Essentially, the schools and teachers were using methanol as part of science experiments in which the methanol would be poured into or around dishes in which flames had been burning or in which there was significant heat retention. Methanol vapors are flammable, invisible, heavier-than-air, and can travel over air currents. When the methanol vapors come into contact with a sufficient heat source, it will ignite and can cause flames (and in some circumstances a flamethrower effect from the mouth of the methanol jug).
As is typical, the firm had two and three attorneys and multiple paralegals begin the investigation into preserving the evidence and trying to determine what happened and why. We retained experts and because of our experience over the years in cases involving fires, flammables, burns, and cause and origin investigations, quickly developed legal theories and proofs to support these very difficult legal claims. We arranged for and flew to Texas to visit a fire investigation facility where we recreated the accident:
[Methanol chemistry accident recreation]
We were able to successfully resolve this claim for a confidential settlement that would provide lifetime financial security.
These types of cases are difficult and emotionally devastating. The students suffered significant and life-altering burn injuries. Their families suffered. And it affected the entire school, including principals and obviously teachers. Our legal claims in the various cases were necessarily and appropriately aggressive. However, in some of the cases, after the cases had been resolved, we also understood that there was more to the case than just a monetary resolution.
The high school experience had been altered for the students and their fellow students. And in some cases the teacher had been well-liked and respected. While we believed that the teachers had not intentionally injured the students, we nevertheless charged them with and had proof of a higher level of misconduct. That remained without further action. The student and her family and the teacher had never been able to talk because litigation forces the lawyers to talk. One particular school district did not want anything to ever happen again and, to its credit, used videotapes to show the scientific principles being taught rather than live demonstrations, and redesigned and built a safer chemistry lab with some of the types of safety materials and protocols that we alleged were missing and proved a higher level of misconduct (safety shields, vent hoods and enclosures, use of only small working quantities of methanol). Moreover, Halpert Weston Wuori & Sawusch, P.C. arranged for a meeting after the case had been settled at the school. We brought the student, her family, and the teacher and principal together at the school where some of the anger, frustration, apologies, and built-up emotions (from all sides) were expressed. It was an uncommon, if not rare, meeting that was only decided upon and agreed to after careful thought and consideration from both the student and the school. But the accident and injuries were more than just a lawsuit. It involved more than just the student. The family and the teacher could not be ignored.
And there were tears. There was healing. It was emotional but positive. We all were able to see that the school district had also, unlike others, taken steps to prevent this type of accident from happening again. Rather than have students injured, rather than have legal cases, reasonable steps can be taken to prevent many of these types of accidents. Halpert Weston Wuori & Sawusch, P.C. would prefer to prevent accidents rather than represent those injured by negligent conduct. The firm provides monetary support to many organizations dedicated to safety and prevention and its attorneys regularly give speeches, lectures, and write articles aimed at preventing injuries. However, until we see safety and prevention given a priority as it should be, we will continue to only represent those injured by the negligence of others.
For further information and assistance, please contact us at 800.400.9115.