Premises Liability- Apartment guest burned by gas grill spewing fire

$415,000 settlement

Injuries alleged: Burns to plaintiff’s legs

Court: Richmond Circuit Court

Mediator: Judge Pamela S. Baskervill (Ret.)

Date resolved: March 5, 2025

Attorneys for plaintiff: John C. Shea, Lee J. Bujakowski and Roger T. Creager, Henrico County, Marks & Harrison

Case description: The plaintiff was visiting a relative at an apartment complex that had a propane gas grill located in a common area, available for use by tenants and their guests. When the plaintiff attempted to turn on the grill, fire erupted from the cabinet below the grill, causing burns to the front of the plaintiff’s legs. Later investigation showed that the fire occurred because the structure that supported and housed the grill was not properly ventilated. Ambient gas collected in the cabinet area beneath the grill and burst into flames when the electronic ignition source was activated by turning the dial on the grill to the “on” position.

The plaintiff brought action against the owner of the apartment complex, alleging a breach of duty to use reasonable care to keep the property in a safe condition and failure to warn of dangerous conditions. After initial discovery, the plaintiff filed a new action, adding negligence claims against the company that built the masonry structure and the company that connected the gas lines to the grill. The contractor defendants argued they could not be held liable in tort to a third party injured by their action or omissions. Plaintiff’s counsel emphasized the complaint alleged acts of misfeasance against the contractor defendants and thus their status as contractors did not protect them from tort liability. The premises owner and the two contractor defendants all contributed to the settlement.