A home heating system injury is an injury that results from various home heating systems, including:
- Water heater systems;
- Indoor fireplaces;
- Furnaces;
- Fireplaces;
- Chimneys; and
- Small heated fans or personal heaters.
One common type of home heating system related injury is suffocation or poisoning resulting from carbon monoxide exposure. This is a concern in areas where there is poor ventilation in connection with a fireplace or a chimney.
In addition, toxic mold in heating circulation vents can lead to lung injuries or skin injuries. One other type of injury that may occur is when the heating mechanism starts a fire that results in burns or property damage.
This is common with electrical heating systems and water-heater type mechanisms. Heating systems for swimming pools and spas may also present similar dangers.
What Are Water Heater Injuries?
A water heater is a specific type of home heating system that utilizes tanks of water in order to provide heating in a home. A water heater also provides hot water to various areas of a home, including the bathroom and the kitchen.
As noted above, certain heating system mechanisms may start a fire. Water heaters can be associated with numerous different types of injuries, which may include, but are not limited to:
- Fire and burn injuries;
- Injuries resulting from gas explosions; and
- Electrocution, especially the installation or replacement of the unit as well as for tankless water heaters.
Accidents involving water heaters may result in significant property damages, especially in connection with explosions or fires.
Who Can Be Held Liable For Water Heater Injuries?
The parties that may be held liable for water heater injuries will depend on numerous factors. A personal injury lawsuit that involves injuries will typically be based on the legal theories of:
- Product liability;
- Premises liability; or
- Negligence.
Product liability holds a manufacturer or seller of a product liable for placing the defective product into the stream of commerce. Any of the parties that are responsible for any part of the manufacturing process may be held liable for injuries that result.
A seller may also be held liable. There are three categories of product defects that may result in product liability, including:
- Design defects: Design defects are associated with the design of a product. If the product’s design is defective, regardless of any other factors, it is considered to be inherently flawed and may result in potential liability;
- Manufacturing defects: A manufacturing defect occurs when the manufacturer assembles the product in such a way that the product is made unsafe; and
- Defective warnings: Some products may lead to a products liability suit if there is an inadequate warning about the product, for example, the dangers and safety risks associated with the product. This may also include failure to properly instruct a consumer regarding how to correctly use the product.
Premises liability is a legal theory that holds a property owner responsible for injuries or accidents that happen on their property. Premises liability law requires that a property owner ensure the safety of any individual who enters their property, as well as take all reasonable measures to ensure the property is safe.
A premises liability claim is often associated with the legal concept of negligence. With a water heater injury, a property owner or homeowner may be held liable if they were aware of the dangerous heating system in the residence but did not take steps to repair the system or to protect visitors from harm.
Negligence is the legal theory that allows an injured party to monetarily recover for the carelessness of another individual. An individual is considered negligent if they were careless given the circumstances of a particular situation.
There are four elements a plaintiff must prove in order to recover for their injures, including:
- Duty: The responsibility that one individual owes to another. Generally speaking, people who are going about their day owe a duty of reasonable care to one another. This is the amount of care that an ordinary and prudent individual would use under similar circumstances;
- Breach: This refers to when an individual’s level of care falls below the level that is required by their duty;
- Causation: The breach of the duty that was owed must be the cause of the injury. The legal test for causation is ‘but for’ one party’s actions, the injury would not have occurred; and
- Damages: There must be some type of harm that occurred.
In terms of water heater injury lawsuits, an installer or seller of a home heating system can be held liable for poor installation as well as for knowingly selling a dangerous product. Many of the injuries that result from a home heating system can be avoided by a thorough inspection of the system when it is installed in addition to regular maintenance.
Systems should be repaired upon the first sign of a malfunction or dangerous performance. Examples of signs of issues in these systems may include:
- Burning smells;
- Smoke; or
- Visible wear on the machinery.
If an individual is aware of these signs and takes prompt action to remedy them if any arise, they can reduce their potential liability for a water heater related injury.
What is a Heater Fire Lawsuit?
A heater fire lawsuit may be filed for injuries or property damage that is caused by a heater or a heating system. In many cases, this may occur on a residential property due to a faulty central heating system or because of a small, personal-sized heater.
Heater fires can be very dangerous because they tend to occur at night while individuals are sleeping. This may lead to a potentially dangerous situation and may result in severe injuries in addition to property damage.
Who Can Be Held Liable for Home Heating System Injuries?
The parties that can be held liable for home heating system injuries will depend on several factors. Personal injury lawsuits that involve these types of injuries may be based on legal theories, including:
- Products liability: This may arise when the heating system contained manufacturer’s defects or was defective by design;
- Premises liability: This theory may be used when the homeowner or property owner can sometimes be held liable if they knew about a dangerous heating system but did not take steps to repair the system or to protect visitors from harm; and
- Negligence: Installers or sellers of home heating systems can be held liable for poor installation of systems or for knowingly selling a dangerous product.
In certain cases, legal action for a home heating system injury may be filed as a class action lawsuit. This applies in cases where injuries were suffered by numerous individuals as a result of the dangerous design of the heating system which resulted in great harm or injury.
Do I Need a Lawyer for Help With Filing a Claim for Home Heating System Injuries?
Injuries that result from home heating systems may be very serious. In order to obtain compensation for your injuries, it may be necessary to file a legal claim in court.
If you have been injured by a home heating system, it is in your best interest to consult with a personal injury lawyer. Your lawyer can advise you of the laws that apply to your case and can help you obtain a damages award for your injuries.
