L. David Byers, a 19-year-old central Pennsylvania man, was killed on March 5 at a Lower Allen Township gas station when gasoline fumes ignited. His mother, Lisa Rickenbach, has filed a wrongful death lawsuit against BP Oil Co., Toyota Motor Corp. and others, according to the Pennsylvania Patriot-News.
Static electricity has been blamed for the spark that caused the fire. But Pennsylvania personal injury lawyer Stewart Eisenberg, one of the attorneys representing the mother of the deceased, said Toyota has failed to design its seats to minimize the risk of static electricity.
The suit also claims that oil company BP, which owns the gas station, failed to maintain or manage the station in a safe manner. There were no attendants on duty at the time of the incident, according to the complaint.
Pennsylvania's Bureau of Occupational and Industrial Safety found the station to be in violation of more than 20 flammable and combustible-liquids violations during a post-accident inspection. Still, it's not clear whether or not these violations can be directly linked to the accident.
The plaintiff's Pennsylvania personal injury attorneys are now trying to obtain a copy of the surveillance video from the time of the incident, which only the gas station owner, the police and the coroner have seen.
L. David Byers' aunt, Lori Rector, told reporters she now has panic attacks every time she pumps gas:
"People know it could happen. You just don't think about it. You think about getting hit by a car. You think about drunk drivers. You don't think you're going to die pumping gas."
His family hopes to raise awareness about the dangers of static electricity at gas stations.
Related Resources:
-
Wrongful Death FAQ (FindLaw)
-
First Fed Investigation Results on Middletown Explosion (FindLaw Injured Blog)
-
Gas Siphoning Thief Passes Out From Fumes During Heist (FindLaw Legally Weird Blog)
ShareThis
