Legal Question in Business Law in Ohio

Blaze at gas station

lady threw a cigarette into what she thought was water, but it was a puddle of gas. It blew up my 3 gas tanks and a customers car at the pump. Debris flew into the street, breaking the windshields of 2 other cars. one driver swerved and hit another car.Th passenger of te 3rd car is sueing me, also the owners of the cars windshield is suing as is the car that blew up. What is the best defense against each of these? Are there any statues or court cases that support my defense??Which Plantiff has the best chance of winning?


Asked on 12/04/02, 1:32 pm

1 Answer from Attorneys
Joseph Burke Law Office of Joseph T. Burke

Re: Blaze at gas station

1) The culpable party is the woman who threw the cigarette. At minimum, that is negligence, and she is liable. She probably does not have deep pockets however.

2) Your liability comes down to the puddle of gas on the ground. How did it get there, from you or another customer. Is it customary for this to occur, is there something that could have been done to prevent it.

The answer as to No. 2 will determine your liability.

In terms of the Plaintiffs, the question come down to foreseeability. The further away you get from the causative event, the less foreseeable it becomes.

Without knowing more, I see some liability on your part. However, I am assuming you have insurance coverage which should provide a defense and probably cover these claims.

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Answered on 12/04/02, 2:08 pm


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