Gross Negligence of a Business

The Client

Our client, a young man recently hired as a waiter, faced a life-altering injury before the restaurant where he worked had even opened. During the restaurant’s setup phase, he was instructed by the owner to assist with the installation of a propane tank as part of the establishment’s upfit—a task far beyond his training and job scope.

The Challenge

This case involved a serious propane tank explosion caused by negligent handling and cost-cutting measures from the restaurant owner. Key issues included:

• Unsafe Conditions: The restaurant owner, aiming to reduce expenses, pressured staff to perform unsafe tasks, resulting in a hazardous work environment.
• Severe Injuries: When an outdoor fire feature malfunctioned, it led to an explosion that left our client with severe burns, requiring months of painful treatment in a specialized burn unit.
• Legal Obstacles: Defendants attempted to reduce liability by classifying the incident as a worker’s compensation case, which would have severely limited compensation for our client’s injuries.

Our task was to ensure our client received the full compensation he deserved by proving the gross negligence of the business and challenging the worker’s compensation claim.

Our Approach

Our team at McCullough Khan Appel implemented a comprehensive approach to secure justice and fair compensation for our client:

1. Expert Testimony: We engaged top-tier engineering and medical experts to validate the unsafe conditions and the extent of our client’s injuries.
2. Litigation Strategy: Filed a claim against both the restaurant owner and contractors responsible for creating the dangerous conditions.
3. Overcoming Legal Barriers: Successfully countered the defendants’ claim that this was a worker’s compensation issue, allowing us to pursue a more substantial settlement.

Our diligence and expertise in personal injury and business negligence law led to a multi-million-dollar settlement that provided our client with the necessary resources to aid his recovery.

Have you or a loved one experienced injuries due to negligence in the workplace? Contact us today to discuss your case and explore how McCullough Khan Appel can help. Learn more about our expertise in Serious Injury Claims and Business Negligence to understand our commitment to securing justice for our clients.

Let us fight to protect your rights and ensure you receive the compensation you deserve.