Frostbite and Hypothermia: Legal Considerations for Injuries in Extreme Cold

Victims of hypothermia or frostbite injuries may be able to recover medical bills and missed work compensation in Texas.

As winter storms sweep across Texas, workers and other vulnerable parties are at risk for cold-weather injuries. This article will explain the signs and symptoms of hypothermia and frostbite, who is most at risk, and when you should consider talking to an attorney about your case.

Signs and Symptoms of Cold Weather Injuries

Although it’s normal to feel cold during the winter months, it’s essential to know when you should seek medical attention. 

1. Hypothermia occurs when your body temperature drops lower than 95° F. Symptoms can include:

• • shivering
  • pale and cold skin
  • disorientation or unresponsiveness
  • slurred speech
  • heavy breathing
  • slow heartbeat and;
  • stiffness of the body

1. Frostbite, on the other hand, is the freezing of the skin. It usually occurs on exposed parts of the body, such as the fingers, toes, ears, cheeks, chin, and the tip of the nose. Symptoms may vary depending on the severity and length of exposure and include:

• • numbness of the affected area
  • tingling sensation
  • patches on the skin where color varies depending on the seriousness of the condition
  • cold and waxy skin
  • pain
  • joint stiffness

If you notice symptoms of hypothermia or frostbite in you or your family, you can rewarm by removing wet clothes, adding another covering, and getting out of the cold ASAP.

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Note: Seek emergency care if severe symptoms such as intense pain or immobility occur. 

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Who Is At Risk for Hypothermia and Frostbite Injuries?

Anyone can get frostbite or hypothermia in the right conditions. However, those most vulnerable to these types of injuries include:

• Seniors,
• Infants,
• Young Children,
• Maritime Workers,
• Construction Workers,
• Nursing Home Residents,
• Any Outdoor Workers,
• Sports Players,
• And Diabetics.

Suing for Frostbite or Hypothermia in Texas

If you or your loved one suffered a hypothermia or frostbite injury because of a person or company’s negligence, you may be able to file a personal injury or worker’s compensation claim.

Every case is unique, but examples of potential liable parties can include:

1. Employers—When they fail to protect their employees from frostbite and hypothermia, they can be held liable. They are responsible for maintaining a safe environment for their workers, such as installing insulation. 
2. Property Owners—In recreational settings, if the property manager or owner fails to ensure a safe environment for their guests, they are liable for any injury that might happen. They must ensure everyone’s safety by monitoring the weather and maintaining their facilities. 
3. Nursing Homes — If they fail to keep residents warm or neglect residents, leading to hypothermia or frostbite injuries.
4. Event Hosts — If they fail to take reasonable precautions to keep invited guests warm during their event.
5. Government Entities—If the injury happened in public, they could also be held liable, provided that the victim met certain criteria. 
6. Manufacturers/Distributors — If defect gear led to a cold-weather injury.

This is by no means a comprehensive list. If you believe a negligent party caused you to suffer a cold-weather injury, you can talk to a Carabin Shaw attorney for free about your case.

In order to qualify for a claim, you need to have suffered some kind of loss, such as medical bills or missed work, and the injury must be a direct result of someone’s negligence.

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See also:

Do I Need A Worker’s Comp Attorney? 

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Have You or a Loved One Suffered a Cold-Weather Injury in Texas? Call Shaw!

An icy weather condition can cause serious injury and even death. If you or your loved one got hypothermia or frostbite due to extreme cold weather anywhere in Texas, you could be entitled to compensation for things like:

• Ambulance Costs,
• ER Treatment,
• Surgeries,
• Medical Bills,
• Pain and Suffering,
• Property Damage,
• Missed Work,
• Wrongful Death,
• And More.

We can help you find out for free.

Call Shaw at 800-862-1260 today or use the live chat to schedule your free case evaluation with one of our premises liability attorneys. No fees, no obligations, just expert legal advice. We put our clients first because we care.

We look forward to serving you.