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When awarding personal injury compensation a judge usually requires evidence of injuries caused by the lack of care of another party. However, in a 2009 case that came to light in the US, the claimants claimed they had suffered from bad smells alone.
In 1998, the plaintiffs had required work on the heating furnace situated in their home. The furnace repair company employed to carry out the work failed to reattach a fuel line which resulted in approximately 40 gallons of heating oil leaking under the property, causing fumes to rise into the home.
The oil spill occurred just days after the house had been put up for sale and the plaintiffs alleged also that the property became un-saleable due to the fumes pervading the rooms.
The difficulty for the personal injury solicitors acting for the homeowners was that no documented evidence was available to prove physical impairment as a direct result of the oil fumes. However, the injury in this case was the homeowners being forced to constantly breathe oil fumes when in their own home, compounded by the odour of fuel pervading their clothes.
One of the claimants was particularly affected as she was suffering from an inoperable brain cancer that meant she was housebound most of the time.
North Carolina state law imposes strict liability for oil spills; however, this case was unusual in fact of the claim for personal injury compensation due to odour alone.
The homeowner sued the oil maintenance company for negligence and violation of a North Carolina statute in the North Carolina Oil Pollution and Hazardous Substances Control Act.
The furnace repair company finally agreed to pay $50,000 (£35,186) to the claimants for their personal injuries and a figure was also agreed to compensate the homeowners for loss of market value in their property.
Personal injury compensation with the UK experts at YouClaim
Our specialist personal injury solicitors work on a no win no fee basis that means whatever the outcome of your claim you will never be charged for their services. They have years of experience and are all governed by the exacting standards demanded by the Solicitors Regulation Authority.
In a won case you are guaranteed to receive 100 per cent compensation and if the outcome of the claim is not in your favour we will have protected you from all solicitor’s fees for the other party.
You can speak to one of our advisors by calling free on <b>0800 10 757 95</b> or we can always call you back at a time to suit you.
Alternatively, you may wish to fill in our online claim formgiving us brief details of your claim. Whichever way you choose to get in touch with us we endeavour to give you the best personal injury compensation service possible.
