Hurricane season is a familiar and daunting time of year for Gulf Coast residents. According to LSU Velocity’s 2024 Hurricane Outlook, the Gulf of Mexico is experiencing the highest Gulf Hurricane Index (GHI) since 2011, signaling the potential for stronger and more frequent storms this year. While we often focus on property damage, personal injuries during these natural disasters are equally concerning.
As a resident, you might wonder: who’s responsible for injuries sustained during a hurricane? Whether you’re a homeowner, a business owner, or simply someone trying to navigate the aftermath of a storm, understanding who may be liable for injuries sustained during a hurricane and the complex issue of responsibility is crucial for victims seeking justice and compensation. Let’s explore the potential liability of property owners in these situations.
Understanding Property Owner Responsibility
Property owners are legally obligated to maintain a safe environment for visitors and residents. When a hurricane hits, these responsibilities don’t disappear:
- Maintaining a safe environment for visitors and residents
- Addressing known hazards promptly
- Providing adequate warnings about potential dangers
- Complying with local building codes and safety regulations
Even during a hurricane, property owners must take reasonable steps to prevent injuries. Our premises liability attorneys can help you understand how these responsibilities apply in hurricane situations.
Precautions to Take Before a Hurricane
Proper preparation is key to minimizing the risk of injuries during a hurricane. Property owners should focus on two main areas:
Securing Hazardous Items
Loose objects can become dangerous projectiles in hurricane-force winds, and flying debris is one of the most common causes of hurricane-related injuries. Property owners should take reasonable precautions to secure items that could become projectiles in high winds, such as:
- Outdoor furniture and decorations
- Construction materials
- Garden tools and equipment
- Trash cans and recycling bins
- Signs and banners
Maintaining Property to Prevent Flying Debris
Poor property maintenance can lead to serious injuries during a storm. Property owners should regularly:
- Trim trees and remove dead branches
- Repair loose roofing materials
- Secure or replace damaged fencing
- Maintain and test storm shutters
Failure to take these precautions could result in liability if someone is injured. If you’ve been hurt due to a property owner’s negligence, contact our personal injury lawyers for expert guidance.
For a free legal consultation, call 800-537-8185
Understanding Liability in Hurricane-Related Injuries
Liability for hurricane-related injuries can fall on various parties:
Property Owner Responsibility
Property owners may be held liable if their negligence in preparing for the hurricane led to injuries. This could include failing to secure hazardous items or neglecting necessary maintenance.
Product Liability
When faulty products lead to injuries during or after a hurricane, the manufacturer, distributor, or retailer of that product may be held liable. This is known as product liability. Product liability cases can be based on:
- Design defects: The product’s design is inherently dangerous.
- Manufacturing defects: The product was improperly made, differing from its intended design.
- Failure to warn: The product lacked proper warnings about its risks.
Examples of how a faulty product can contribute to your hurricane-related injury include:
- Malfunctioning generators causing fires or carbon monoxide poisoning
- Defective emergency equipment failing when needed most
- Faulty weather radios provide incorrect information, leading to injury
- Poorly designed or manufactured hurricane shutters fail to protect occupants
If a faulty product contributed to your hurricane-related injury, you may have grounds for a product liability claim. These cases often require technical expertise to prove, so it’s crucial to work with an experienced personal injury attorney who can investigate the product’s history and consult with relevant experts.
Employer Responsibility
If you were injured while working during or immediately after a hurricane, responsibility in these situations can be complex and depends on various factors:
- Workers’ Compensation: In most cases, if you’re injured on the job, including during a hurricane, you’re entitled to workers’ compensation benefits. This system provides compensation for medical expenses and lost wages, regardless of fault. However, it also generally prevents you from suing your employer directly.
- Independent Contractors: If you’re an independent contractor rather than an employee, different rules may apply. You might not be eligible for workers’ compensation, but you may have more options for filing a personal injury lawsuit if you’re injured due to the company’s negligence.
- Federal Employees: If you’re a federal employee who was injured while responding to a hurricane, you may be covered under the Federal Employees’ Compensation Act (FECA), which provides its own set of benefits and regulations.
- Maritime Workers: For those working on ships or offshore platforms during a hurricane, maritime laws like the Jones Act or the Longshore and Harbor Workers’ Compensation Act may apply, providing specific protections and compensation options.
Given the complexities of employer liability in hurricane-related injuries, it’s crucial to consult with an experienced attorney who can help you understand your rights and pursue the appropriate course of action, whether that’s a workers’ compensation claim, a personal injury lawsuit, or another type of claim.
Common Types of Hurricane-Related Injuries
Hurricane-related injuries can range from minor to life-threatening. Some common types include:
Physical Injuries
- Cuts and Lacerations: These are often caused by broken glass or flying debris. If not properly treated, they can lead to scarring or infection.
- Broken Bones: Falls or impacts from debris can cause fractures. Some may require surgery and long-term rehabilitation.
- Head Injuries: Falling objects can cause concussions or more severe traumatic brain injuries, which may have long-lasting effects.
- Drowning or Near-Drowning: Can lead to long-term respiratory issues or brain damage due to oxygen deprivation.
Health Complications
- Respiratory Issues: Exposure to mold in water-damaged buildings can cause long-term breathing problems.
- Infections: Contaminated floodwater can lead to serious infections, some of which may have lasting health impacts.
- Chronic Conditions: Lack of access to medical care during and after a hurricane can exacerbate existing health conditions.
- Mental Health: PTSD, anxiety, and depression are common after experiencing a traumatic event like a hurricane.
It’s crucial to document all injuries and seek thorough medical evaluations. Future medical needs should be considered when seeking compensation. Our experienced team can help.
Steps to Take If You Were Injured During a Hurricane
If you’ve sustained an injury during a hurricane, whether on your property or someone else’s, take these steps to protect your health and legal rights:
- Ensure you are in a safe location and seek immediate medical attention, even for seemingly minor injuries.
- Take photos and videos of your injuries and the scene where you were injured, if possible.
- Collect contact information from any witnesses. If applicable, report the incident to the property owner, employer, or relevant authority. Request copies of any incident reports filed.
- Keep all medical records, bills, and receipts related to your injury. Keep a journal detailing your injuries, treatment, and how they affect your daily life, documenting any missed work and lost wages.
- Be cautious with communications and avoid discussing the incident on social media. Be wary of insurance adjusters or representatives from the property owner – they may try to minimize your claim.
- Understand time limits on filing a lawsuit. These deadlines, known as statutes of limitations or prescriptions in Louisiana, are strict.
- Contact a personal injury attorney experienced in hurricane-related injuries as soon as possible. They can help you understand your rights, navigate complex liability issues, and ensure you don’t miss critical deadlines.
Click to contact our personal injury lawyers today
Protecting Your Rights After a Hurricane Injury
Recovering from a hurricane-related injury is challenging, but you don’t have to face it alone. At Morris Bart, we understand the unique challenges that hurricane victims face. Our experienced team of personal injury lawyers can:
- Investigate the circumstances of your injury
- Identify all potentially liable parties
- Handle communications with insurance companies
- Ensure you receive proper medical care and documentation
- Calculate the full extent of your damages, including future needs
- Negotiate for fair compensation or represent you in court if necessary
We have extensive experience handling hurricane-related injury cases, and our team of personal injury lawyers can help you during this difficult time by evaluating your case, navigating the complexities of hurricane-related liability, and fighting for the compensation you deserve.
Don’t let the chaos of a hurricane prevent you from seeking justice. Contact us today for a free consultation, and let us help you rebuild your life after the storm.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
