Propane Explosions/Burns
We have handled a significant amount of propane explosion/burn cases around the country. For example, in one truly tragic case, there was a propane explosion in northern Michigan in which our client had been severely and significantly burned over major portions of his body. He was in critical condition when his family contacted us and within a short period of time we had advised the facility of our representation of the family and the legal need to protect and preserve any and all evidence to allow us access to the site so that we could participate in the investigation and have experts also participate. We notified them that the failure to do so would be viewed as spoliation of evidence and with negative legal consequences. Similarly, we were in contact with the necessary state officials, including the State Fire Marshal’s office, requesting the preservation of evidence and demanding access to the site and participation in the investigation and preservation of evidence.
When we arrived at the scene with two of our experts we were able to conduct a thorough and competent investigation and determine the cause and origin of the explosion and establish liability evidence against two possible defendants:
Crawl space where propane ignited
Outside showing pressurization damage
Fire damage
Investigation into possible source of propane leak
Identified source of propane leak in underground pipe that had migrated into crawl space
Accumulation of propane in the ground had to be "burned off"
Familiarity with excellent experts and recognized cause and origin investigative protocols (for example, National Fire Protection Association (NFPA) 921 and others) are keys to developing the facts and circumstances for what happened, why it happened, and any fault that may be attributable to various people or entities. Working with our experts, and quickly and exhaustively investigating the case, including witness interviews and statements, led to a determination that, in fact, there were legal claims that could and should be made against various defendants for the horrific injuries sustained by our client and his family. We prepared detailed and professional liability books outlining our legal claims, evidence, and damages, including graphics and videos/DVD’s, and were able to resolve the legal claims without the necessity of a lawsuit ever being filed. Halpert Weston Wuori & Sawusch, P.C. has an established track record with top-notch defense attorneys. We would prefer to work with or against the best defense lawyers because good lawyers on both sides of a case can better assess the strengths and weaknesses of a case at the outset and many times resolve difficult cases without litigation that are good resolutions for the respective clients.
Another typical type of case in which we were involved, and again which emphasizes and confirms the need for a quick and immediate response and investigation, was at a residence (house rental) that blew up because of a propane leak in the basement the very night a family had moved into the residence:
A neighbor took this picture right after the explosion
Blast damage
House demolished
Blast scene to which we did not have access ourselves or with our own experts
Critical issue in the case was the above dryer and relevant piping to which we only had access after it had been removed from the scene
Consequently, our firm had to rely upon photographs and evidence that others had examined at the scene and which may have been modified or altered without or knowledge or preservation.
However, through continued investigation, expert review, and exhaustive litigation, we were still nevertheless able to piece together a credible and competent picture of what had happened and why for an eventual jury. That jury accepted our theory and the evidence and awarded a record verdict in Van Buren County of $14.1 million for the claims of the four estates. See 2006 Highest Verdicts and Settlements). As with many of the clients, scholarships are established http://www.awac.org/Portals/1/resources/keith%20lotz%20scholarship%20form.pdf or funds used for prevention (http://www.traumaburn.org/pdf/TBC-1.pdf). While we were able to successfully represent the estates, our job was much more difficult because we did not have the opportunity to get our investigative team to respond quickly because we were contacted too late. High stakes litigation often times requires a legal team to respond upon a moment’s notice. Halpert Weston Wuori & Sawusch, P.C. has had investigative teams respond throughout Michigan (from the Upper Peninsula to Detroit to virtually all counties north, south, east, and west) and to other states. We have had multiple fatality fire investigations in other states such as Illinois and North Carolina in which we have coordinated with experts and other local attorneys so that we could have “boots on the ground” as fast as possible.
Michigan Lawyers Weekly – 2006 Million Dollar Verdicts
$14.1 million
Lotz v. Signature Farms, et al.
Van Buren County Circuit Court
#04-52-204-NO
Wrongful death
No matter the type of accident, the type of injury, or location, Halpert Weston Wuori & Sawusch, P.C. is committed to aggressive and comprehensive representation to protect, preserve, and pursue legal remedies for those injured in accidents and their families.
These types of general negligence claims include not only fires or explosions but also unsafe structures, dangerous premises, electrocutions, to many, many others.
Butler v. Wal-Mart (Jury verdict of $5.2 million with 25% comparative)
Dyson v. Formula K Fun Park (Jury verdict of $2.6 million)
Goff v. Landowner (Bulldozer accident with child — $850,000 settlement)
Howard v. Merlino (Propane fire and burn injuries — $2 million settlement, limits of insurance)
Malaniak v. American House, et al. (Scald burns $1.35 million settlement)
For further information and assistance, please contact us at 800.400.9115.