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Can I Sue for a Heatstroke Injury?

By George Khoury, Esq. | Last updated on

Heatstroke is one of the more common causes for injuries over the summer. It occurs when a person's body temperature rises above 104 degrees due to sun/heat exposure. A person suffering from heatstroke requires immediate medical care. If left untreated, it can damage a person's brain, heart, kidneys, and muscles.

Fortunately, individuals can usually prevent heatstroke by finding ways to cool down before it's too late, such as finding some shade, hydrating, even jumping in a pool, or just taking a shower. However, it is not always possible to prevent heatstroke, and sometimes, another person, or business entity, could even be liable for it.

Below, you'll find three examples of when a person might be able to sue due to a heatstroke injury.

1. Employees Without Climate Control

In the employment context, employers are required to maintain safe working conditions for their employees. In non-climate control environments, this requires ensuring employees have sun protection, the ability to stay hydrated, and are able to get relief from the heat. Even when an employer makes every effort to prevent employees from suffering a heatstroke, if it happens on the job, the employee will likely be able to qualify for workers' compensation.

2. Kids and Supervision

When children play outdoors during the summertime, generally, whoever is supervising the children could potentially be liable if a child is injured due to overheating in the sun. This is due to the fact that preventing it is as easy as making sure kids drink water and don't stay in the sun too long.

During heat waves, schools will often hold recess indoors to mitigate this risk. Day care facilities, after school programs, recreational sports coaches, schools, and even individual babysitters and other parents can be held liable if a child in their care is injured.

3. Outdoor Activities and Events

Businesses and event organizers can also face liability to individuals that suffer heatstroke at their events or on their premises. Generally, if there are outdoor features, or it is an outdoor event or business, consumer safety is important. Events need to make sure that there are heat relief areas that can help cool people down and help people hydrate. Businesses need to be cautious with outdoor activities and ensure they monitor, or minimally warn, consumers for heat injury.

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