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Can Someone Be Held Liable for Heat-Related Injuries?

Posted on October 23, 2022 in

As summer rolls around, so do the cases of heat-related injuries in Arizona. While natural weather causes dehydration, heat stroke, and other injuries, in some instances the weather alone is not to blame. Under certain circumstances, a person or entity may be responsible for heat-related injuries and can be held liable for damages. 

Most personal injury claims are challenging. However, when it comes to heat-related injuries, insurance adjusters and liable parties are quick to use the weather as an automatic scapegoat. To obtain fair compensation for heat-related injuries caused by negligence, it’s crucial to work with a qualified injury claim specialist attorney from Jensen Phelan Law Firm who can help you assert your legal rights and provide you with options for securing full and fair compensation. 

Can Someone Be Liable for Heat-Related Injuries in Arizona?

Arizona has laws in place that require individuals, employers, companies, and other entities to take reasonable measures to protect individuals from heat-related illnesses and injuries. Therefore, if they fail to exercise reasonable care to prevent someone from suffering from these injuries, they can be held liable for damages. Recovering compensation for heat-related injuries requires proving that the responsible party was negligent. Negligence is made up of four main elements:

  1. Duty of care (for example, a care-giver for a vulnerable senior person or a supervisor of children has a duty of care)
  2. Breach of duty
  3. Causation (the breach of duty caused the damages and harm)
  4. Damages (the harms, losses and expenses that result from the breach of duty)

An attorney who specializes in heat-related injury cases can take on the task of establishing these four elements and building a strongly supported claim for all your damages which will increase your chances of securing the “full and fair” compensation that Arizona law authorizes.

Who Can Be Held Liable for Heat-Related Injuries?

Several parties can be held liable for heat-related injuries in Arizona, including employers, property owners, product manufacturers, and individuals with a duty of care (duty to be careful) whose negligence or wrongful actions contributed to the injuries.

Employers have a legal duty to provide a safe workplace for their employees, which includes protecting them from heat-related illnesses and injuries. If an employer fails to provide adequate water, rest breaks, and shade, or fails to implement appropriate safety measures to protect their workers from the heat, they can be held liable for any injuries their employees suffer as a result.

Property owners, including landlords and property management companies, also have a duty to make sure their properties are safe from excessive heat for visitors and tenants. This includes providing proper ventilation, shade, and other means of cooling to prevent heat-related injuries. Arizona law requires some businesses to provide access to drinking water. Individuals may also be held liable if their negligent or wrongful actions contributed to heat-related injuries. For instance, if someone leaves a child or pet in a car on a hot day, they may be held liable for any injuries or harm that results.

After suffering heat-related injuries in Arizona, it is important to speak with a qualified and experienced attorney to determine who may be liable for your injuries and to learn more about your legal options for pursuing compensation. They can help keep insurance companies in check and make sure that your rights and best interests are protected and that you receive the fair treatment you deserve.

Contact a Heat-Related Injury Attorney at Jensen Phelan Law Firm Today

While you may be tempted to assume your heat-related injury is an inherent result of the Arizona weather, it’s important to speak with an attorney who can review your case and advise you about your best course of action. Jensen Phelan Law Firm offers a free assessment of your case and an explanation of your rights to help you make a well-informed decision on your next steps. 

Obtaining fair compensation for your heat-related injuries may be challenging, but at Jensen Phelan Law Firm, we are committed to aggressively pursuing maximum compensation on our client’s behalf. With over 65 years of combined personal injury experience, you can be sure that we will do everything we can to secure the best possible results for your claim. Contact our firm by completing our online contact form or calling (928) 778-2660 to schedule a consultation.