What to do if I had gas sprayed all over me at a gas station nd my hand was burning for about an hour and I missed a potential job interview?

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What to do if I had gas sprayed all over me at a gas station nd my hand was burning for about an hour and I missed a potential job interview?

This happended 8 months ago. Do I have a case and, if so, is it too late to take action?

Asked on September 9, 2012 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You would not have a case, unfortunately.

1) First, bear in mind that you'd have to prove that the person (presumably a gas station attendent) was negligent, or unreasonably careless, in spraying you and that your own carelessness did not contribute. This may have been the case, but the important thing to remember is that it must be proven to win.

2) You can only sue for medical costs if you incur them, or pain and suffering for significant, long lasting pain or disability that affects your life in a material way. Or rather: you can sue for any injury, but the amount of money you could recover is limited to the severity and medical costs of the injury. A hand experiencing burning sensations for an hour would result in getting maybe a few dollars--far less than the cost of the lawsuit.

3) The missed job interview is not something you can recover for because--

a) You'd have to prove that there was no way you could have gone after having been sprayed with gas--i.e. you couldn't go anyway and deal with the discomfort; couldn't call and reschedule; etc.

b) More importantly, since you can't prove that you would have been hired had you gone to the interview, even if you can show that the spraying stopped you from going, you can't prove that actually cost you a job...and if you can't prove that, you can't recover any money.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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