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How Do You Prove Negligence After an Oilfield or Refinery Explosion?

To bring a negligence claim here in El Paso, TX, you'll want the help of an oilfield injury lawyer with experience in showing all the elements of negligence: that there was a legal duty, that it was breached, and that this breach caused you damages that can be recompensed in law.

How Your El Paso, TX Oilfield Injury Lawyer Will Help You Prove Negligence

After an oilfield blowout or a refinery explosion, the civil case turns on four questions that your lawyer will need to help the jury understand:
  1. Did the company or contractor owe a duty to be careful? 
  2. Did it fall short of that duty?
  3. Did that shortfall play a real part in causing the blast and thus the harm to you? 
  4. Did you suffer actual losses?
That third question can be answered either with a definitive yes, in that their negligence directly caused the accident, or it can be the proximate cause. A proximate cause simply means that the failure was a substantial factor in what happened and a careful person could have foreseen that it would cause the kind of harm it did. Your lawyer's most important job in these cases is to translate a chaotic industrial accident into those four questions and present them to the court in a compelling way.

Company Duty

Operators, drillers, contractors, and pipeline companies are required by law to use every possible precaution and the most current approved methods to keep oil and gas from escaping, and a refinery or process unit that holds certain listed chemicals must follow OSHA's Process Safety Management standard. Your lawyer will use all the rules as a yardstick to compare the company's actions and show where they fell short of their duty.

Reconstructing Cause

Just because a company was failing in a particular duty doesn't automatically mean that failure was the cause of the explosion. That has to be investigated, and site photos, damaged valves, pressure charts, work permits, contractor sign-in sheets, and witness accounts will have to be compiled and put together to tell the story. Your lawyer will likely send preservation letters to demand that evidence be kept safe and will have expert witnesses evaluate everything as needed.

Deciding Who to Sue

An employee of a company that carries workers' compensation usually can't sue that employer for ordinary negligence. But if other companies on the site caused the accident or contributed meaningfully to it, they can be sued. Your lawyer will sort through all the players, from the lease operator to the drilling or completion contractor, the well-control company, the refiner, the maintenance contractor, and the maker of any failed valves or sensors that contributed to the issue. Your lawyer can then help you decide what claims to bring.

Proving Your Losses

You'll need to show you suffered real, tangible losses, like financial losses from medical care and lost wages, physical impairment, etc. Again, your lawyer will compile the evidence needed to show all this and put it together in a compelling way to show an insurance adjuster or court what really happened and what you've lost.

To get a free consultation on your case, contact the Labinoti Law Firm today in El Paso or Las Cruces, NM. We don't just represent clients: we champion people.

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How Are Traumatic Brain Injury Claims Documented for Maximum Recovery?

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