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Senior Heatstroke Injuries: When to Sue

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If negligence is involved in a senior’s heatstroke injury, they may be eligible to file a claim.


When You Can Sue for a Senior Heat-Related Injury in Texas

As Elder Abuse Awareness Month is coming to a close, temperatures are skyrocketing across Texas, putting seniors at risk.

Everyone is feeling the oppressive heat as Texas is experiencing record-breaking summer weather this year. However, these temperatures can be deadly to our seniors, especially if they live without air conditioning.

There are certain cases when a senior heat-related injury can warrant a lawsuit in Texas. If you or a senior you care for has suffered a heatstroke injury, reach out to our personal injury attorneys for a consultation at 800-862-1260.

Worker’s Comp and Heatstroke Injuries

According to the most recent data available, roughly 39.9% of Texas workers are 55 years and older.

Employers are required to maintain a safe working environment for their employees, regardless of the industry they work in. If they fail to provide basic needs like the ability to stay hydrated, a worker’s comp claim can likely be filed for the heatstroke injury. However, Texas workers are largely responsible for protecting themselves from heatstroke.

Worker’s comp is not required in Texas, so your employer may not have it. If that’s the case, our attorneys can discuss other options to receive compensation with you.

Nursing Home Heatstroke Injuries

As of 2022, Texas has 1,199 nursing homes across the state.

Dehydration and heat-related severe injuries to nursing home residents are often the result of neglect or abuse. Negligence on behalf of the nursing home can include things like:

  • Insufficient Temperature Control — Lack of air conditioning or faulty air conditioning and ventilation issues.
  • Lack of Supervision — Outdoor activities during the summer must be closely monitored to protect residents from heatstroke and other injuries.
  • Lack of Care — Staff must ensure that residents stay adequately hydrated during high-temperature months.
  • Insufficient Response — If staff fail to recognize the symptoms of heat-related illnesses or fail to seek timely medical attention for it.

A claim can be made against a nursing home that meets any of the above criteria, regardless of any criminal punishment they may face.

Senior Heatstroke At Outdoor Events

Businesses need to keep attendees’ safety in mind when planning outdoor events, especially those marketed to seniors. If a business does not provide adequate shade or fails to at least warn attendees of the heat risk, they may be responsible for a heatstroke injury at their event.

These kinds of injuries fall under premises liability law and can be a little complicated to understand. Our attorneys have represented multiple premises liability cases and will know what rules may apply in your case.

Have You or a Senior You Care For Suffered a Heatstroke Injury in Texas? Call Carabin Shaw.

Heatstroke injuries can leave seniors with permanent damage that can affect the rest of their lives.

If you or a senior you care for suffered a heat-related injury and you believe negligence is involved, call our firm. Carabin Shaw can help you find out if your case qualifies for legal action for free. Just call 800-862-1260 to set up your case evaluation with one of our attorneys. We look forward to serving you.

Contacting a Carabin Shaw attorney is free and does not obligate you to work with the firm.

¹Texas Workforce Report

²Nursing Homes in Texas

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