Legal Question in Personal Injury in California

I was putting gas in one of the gas stations in San Diego while I stopped it was broken wouldn't stop it flashed back on me it seemed like I have taken shower with gas leaked all over the floor, I complained to the maneger and owner both said sorry same time another lady came inside gas station gave them her info and complained of same issue they closed both pumps and said we will take care of your injury, now they are saying that there was nothing wrong with their pumps and denying the incident, they are not releasing the video types or the other lady's info, they are not ready to pay for my medical bills, I have pictures taken of their pumps after the incident that they closed both pumps with the out of order sign, can I sue them?


Asked on 8/28/14, 1:38 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You can sue them, but you will have to prove that the pumps were broken and that you were hurt. You might locate and hire an expert in gas pump technology who could testify at your trial that these particular pumps of a certain age are prone to the defect that you experienced. More than likely, you could also conduct discovery to 1) inspect the pumps; 2) inspect the record of repair; and 3) if a franchisee, inspect communications between the gas station and the district office regarding the pumps' malfunction. In addition, if it's not too late, you might have an attorney send them a letter warning them to preserve the videos in contemplation of a lawsuit.

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Answered on 8/30/14, 9:39 pm


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