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South Texas

The Legal Minefield of Refinery, Oilfield, and Chemical Plant Injury Cases: What You Need to Know

Injury cases that happen in the refinery, oilfield, and chemical plant industries are not like car accident cases.

They can become complicated very fast and turn into a legal minefield.

One reason is Chapter 95 of the Texas Civil Practices and Remedies Code.

Chapter 95 is a law that helps protect property owners in the event their negligence injures or kills an independent contractor working on their property.

According to extensive research done by our law firm, since this law was enacted in 1996, when independent contractors sue property owners for their injuries, property owners are successful approximately 87% of the time when the court rules Chapter 95 law applies to their case. This is because Chapter 95 puts a very high burden on what the injured person has to show to prove that the property owner is to blame for the person’s injuries. Specifically, Chapter 95 requires that the injured independent contractor show that the property owner (1) had actual knowledge of the danger, and (2) had some control over the independent contractor’s work. This can be very difficult to prove.

Although plaintiffs have won only 13% of the time when Chapter 95 applies, one of those victories was by a client represented by the Gutierrez Law Firm.

The Gutierrez Law Firm represented a worker who was horribly injured in a burn accident while working at a refinery.

The Defendant—the refinery—used Chapter 95 as a defense to their negligence and appealed their case all the way to the Texas Supreme Court. But in 2020, our firm was ultimately victorious, and we were able to get compensation for our client’s injuries.

Our personal injury law firm was successful because we understand the complexities of workplace accidents, like the ones that happen in refineries, and we understand the complexities of Chapter 95 law.

If you or your family member is injured while working in a refinery, oilfield, or chemical plant, it is important that you don’t just choose any law firm to handle your case. You must choose a firm that has the knowledge and expertise to navigate this kind of legal minefield. You should choose the Gutierrez Law Firm.