You can call it sweltering, oppressive, stifling, or just plain old hot. Whatever term you prefer, summer is here. And with it are triple-digit temperatures, mugginess that feels like an unwelcome embrace, and asphalt that will sear the skin off the bottom of your feet.
The world doesn't stop because the weather has gotten brutal, and we all do our best to carry on despite the discomfort. High heat and humidity can take their toll on our health, and it is possible to become ill or even die from excessive conditions due to high temperatures. While you can't sue the sun (or can you?), in certain situations, there is a duty of care that arises when extreme temperatures are present. As is almost always the case when the law is involved, whether or not someone is liable for an injury depends on the details of each unique case.Summertime, and the Living Is Easy (Not Really)
With the effects of climate change leading to record temperature highs year after year, getting used to extreme heat is an unfortunate reality for most. For some, the results can be deadly. A heatwave is considered at least two days of abnormally hot and uncomfortably humid weather in a row, although it can persist for a much longer period. While heat-related illnesses and injuries can happen to anyone, the necessity of working during extreme heat conditions makes the workplace a common site for weather-related injuries. Outdoor workers are often at risk when temperatures rise. Some of the most common types of heat-caused injuries include:- Heat stroke: Considered the most serious of the heat-related injuries, heat stroke occurs when the sweating mechanism fails at cooling the body down. The body temperature can rise to 106 degrees Fahrenheit in as little as 10 minutes and cause disability or heat-related deaths without immediate medical attention.
- Heat exhaustion: Even if sweating does its job of cooling the body, excessive loss of water and salt can lead to heat exhaustion. Among other symptoms, victims may feel dizzy and weak.
- Heat cramps: A result of excessive sweating due to high temps and strenuous activity, lower levels of salt in the body can cause painful cramping. This can be a symptom of heat exhaustion.
- Rhabdomyolysis (rhabdo): Prolonged physical exertion in extreme heat can lead to rhabdo, which is a muscle breaking down and dying. As it does so, it releases proteins and electrolytes that can cause kidney damage, seizures, and heart issues.
- Heat syncope: Ever stand up quickly on a hot day and swoon? That could be from heat syncope, which can be brought on by a combination of dehydration and extreme temperatures.
When Someone Is at Fault
There's not a temperature control device we can use to drop the sun a few degrees, so it falls on us to make sure that the people we're responsible for are not left in deadly heat conditions.Schools
While there's no federal law concerning schools and excessive heat conditions, most states have laws in place to address the issue. Schools are supposed to protect students from prolonged exposure to extreme heat and can find themselves liable for damages when they're negligent in their responsibilities. This is more prevalent in instances related to sports in oppressive heat, but protections are in place for every student as well. For example, New York passed a law that will take effect in September 2025 that requires students and teachers to leave any classroom that reaches 88 degrees. At 82 degrees, countermeasures such as turning on fans, turning off lights, and providing water breaks are supposed to be enacted. A school that fails to provide this expected care may find itself facing charges of negligent supervision.Workplaces
Heat-related injuries and illnesses can often occur in the workplace. Hot weather and humidity can make even indoor work environments dangerously hot. Employers have a responsibility to provide a safe work environment for their employees, which includes mitigating the effects of heat exposure. While the Occupational Safety and Health Administration (OSHA) doesn't have any specific heat stress regulations, it uses the General Duty clause of the Occupational Safety and Health Act of 1970 to cover heat injury in the workplace. OSHA also works with the Centers for Disease Control (CDC) and the National Institute for Occupational Safety and Health (NIOSH) to establish guidelines for worker safety with regard to heat risks. These include:- Freedom for workers to drink water at any time they choose
- Frequent breaks during extreme weather and a cool-down area with cooling devices in place, such as fans or air conditioning
- Training courses to recognize heat-related illnesses
- Immediate access to emergency response and first aid for workers suffering from heat-related illnesses
- Screening of workers' health information for a history of medical conditions, health risks, or life-threatening body heat issues due to a high heat index
Property Owners
Schools and businesses are not the only places that can bear responsibility for injuries from extreme heat events. All states have premises liability laws that can also hold someone liable. While they vary by jurisdiction, each state's negligence laws address liability for injuries suffered on a person's property. For renters, the issue is a little more complicated. In most states, landlords are not required by law to provide air conditioning for their tenants. Heat, yes. Air conditioning, no. If the rental unit comes with a landlord-supplied air conditioner, then they may be required under contract law to keep it in working condition. Check your lease or speak to a real estate attorney for help.Individuals
The tragic stories of parents who leave a child or a pet inside a car on a blisteringly hot day are all too familiar to us. Depending on what happens, they could face charges ranging from child endangerment to involuntary manslaughter.Staying Cool Is the Rule
The best way to avoid heat illness and injuries to to stay out of the sunlight and limit your physical activity. If that's not possible, make it a priority to stay well-hydrated and take frequent breaks in either shade or a cooling room. Anyone who tries to stop you from doing so is endangering your health. Sweating is okay, but suffering head stroke is not. An employer should know better than to endanger their employees in excessive heat, but be prepared to take legal action in case they shirk their duty to keep a workplace safe.Related Resources
- Parental Civil Liability (FindLaw's Family Law)
- Negligence and the "Reasonable Person" (FindLaw's Accident and Injury Law)
- Can I Sue My Employer? (FindLaw's Employment Law Help)
