Homeowners harmed when a gas explosion destroys multiple homes could seek economic damages for destroyed property, lost income and out-of-pocket costs, plus noneconomic damages for pain, suffering and emotional distress. Compensatory damages, meaning payment for a victim's proven actual loss, are the main vehicle for both types. A Merrimack Valley overpressure event shows the scale such cases can reach.
The U.S. Department of Justice reported in its Justice Department account that Sept. 13, 2018 gas fires and explosions damaged 131 structures, destroyed multiple homes, killed one person and injured 22 residents.
Table of Contents
- What property losses count as economic damages?
- What income and displacement costs can be claimed?
- How do pain, suffering and loss of enjoyment work?
- What does emotional distress cover?
- When are punitive damages available?
What property losses count as economic damages?
Destroyed houses, apartments and small business buildings fall under economic loss. Cornell Law School Legal Information Institute explains in its compensatory damages guide that courts look to fair market value of destroyed property and necessarily incurred expenses. That measure can include the home itself, detached structures, vehicles, furniture, clothing and work tools inside.
Repair estimates help where a building is damaged but not a total loss. Payment equals proven loss, not punishment. Owners need appraisals, purchase records, photos and contractor estimates tied to the blast.
What income and displacement costs can be claimed?
Lost wages or self-employment income during evacuation, treatment and rebuilding can qualify. Medical bills, temporary rental housing, food, travel and cleanup costs can qualify when they were necessarily incurred.
Keep a separate file for each spending stream. Useful records include: The Federal Emergency Management Agency Individuals and Households Program factsheet links the same point to aid decisions. Both rental help and tort recovery turn on documented displacement and proven out-of-pocket loss.
- medical bills and pharmacy receipts
- pay stubs and employer letters about missed work
- repair estimates and contractor invoices
- rental receipts, hotel bills and utility payments
How do pain, suffering and loss of enjoyment work?
Physical pain from burns, fractures, smoke inhalation and follow-up procedures can support noneconomic damages. Cornell Law School Legal Information Institute states in its pain and suffering guide that recovery can cover physical pain, anguish, inconvenience, trauma and loss of enjoyment of life. Loss of enjoyment means inability to do formerly pleasurable activities.
A resident who can no longer sleep at home, play with children or use a workshop may describe that specific change. Treatment notes, therapy records and daily limits help connect the blast to those effects. Family observations about sleep, work and recreation can add detail.
What does emotional distress cover?
Emotional distress means mental suffering such as anxiety, depression or inability to perform tasks. Cornell Law School Legal Information Institute describes it as recoverable in tort for negligent or intentional infliction depending on jurisdiction and circumstances. Survivors of a neighborhood-wide blast may report fear of gas appliances, nightmares, evacuation trauma or strain from long displacement.
Availability and proof rules vary by state and by how the claim is pleaded. A local personal injury lawyer can map symptoms to the applicable state test. Early mental health screening creates a clearer record than later recall alone.
When are punitive damages available?
Ordinary negligence generally supports only compensatory economic and noneconomic damages. Cornell Law School Legal Information Institute limits punitive damages to particularly harmful, intentional or wanton and willful misconduct meant to punish and deter.
The Merrimack Valley litigation ended with large payments without changing that screening rule. Pipeline and Gas Journal reported in its settlement report that a judge approved a $143 million class-action settlement while Columbia Gas separately paid a $53 million criminal fine. Residents should preserve medical bills, pay stubs, repair estimates and rental receipts from the first displaced night.
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