Can I Sue for a Heatstroke Injury?

The Lone Star State brings the heat in the summertime, with temperatures well over 100 degrees on the hottest days. Heatstroke, heat stress, and other heat-related injuries are common in Houston, especially for workers who have to labor outside all day. In many scenarios, employers and other parties can reasonably foresee the risk of heat-related injuries in this region and take steps to prevent them. Failure to do so, ending in heatstroke or other injury, may be grounds for a lawsuit.

Strenuous labor in Houston’s sky-high temperatures can drain the body of salts and fluids, resulting in an emergency medical condition. Heatstroke is a serious condition that can cause muscle cramps or pains, dizziness, headaches, fever, rapid breathing, hyperventilation, heat rash, and fainting. Occupational heat exposure can be fatal. The Occupational Safety and Health Administration reports dozens of worker deaths relating to heat every year. Employers in Texas have the responsibility to know of the potential for heat-related injuries, and to try to prevent them. Duties an employer might have include:

If untreated, heatstroke can cause serious damage to the brain, kidneys, heart, and muscles. To have a case against an employer or other party for heatstroke, the victim will need to prove a duty of care existed between him/her and the defendant, and that the defendant breached this duty. The plaintiff must also prove this breach caused the heatstroke and that the plaintiff suffered damages such as medical bills because of the incident. Proving negligence typically requires gathering evidence and investigating the claim at hand.

The first step in pursuing compensation for a heatstroke is identifying the party who caused or contributed to the condition. Think about the party or parties responsible for your health at the time of the heatstroke. It might not always be an employer-employee situation. There may have been an employer, coworker, sports coach, supervisor, product manufacturer, property owner, or other party involved in a failure to protect you or a loved one from the heat. There may be more than one party that shares fault for the incident. Identifying the defendant in your case could take an investigation into who owed you a duty of care at the time, and who breached this duty.

Employers who don’t protect employees from the sun, supervisors who don’t watch children playing outside, and businesses or organizations that plan outdoor events could all be liable for someone else’s heatstroke injury. These are common parties accountable for the health and safety of participants. Liability could equal payment for the victim’s hospital bills, pain and suffering, and other damages. To find out if you’re eligible for compensation after suffering heatstroke in Houston, talk to a personal injury lawyer.

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