Personal Injury Liability

As summer temperatures soar, New Yorkers are no strangers to the sweltering heat that blankets the city. While many of us look forward to sunny days in the park or a cool drink on a rooftop, heatwaves can bring serious risks—especially for those working outdoors or spending time in public spaces without adequate shade or hydration. At Pulvers, Pulvers & Thompson, we believe it’s crucial to understand not only how to protect yourself during extreme heat, but also who may be held responsible when heat-related illnesses occur due to negligence.

The Growing Threat of Heatwaves

Heatwaves are becoming more frequent and intense, a trend that’s hard to ignore. According to the National Weather Service, New York City has experienced a steady increase in the number of days with temperatures above 90°F over the past decade. For many, this means more than just discomfort—it can be a matter of life and death. Heat-related illnesses range from mild heat exhaustion to life-threatening heatstroke. Vulnerable populations, such as the elderly, children, and those with pre-existing health conditions, are at particular risk. But anyone can fall victim, especially when employers or property owners fail to take proper precautions.

Common Heat-Related Illnesses

Before we dive into liability, let’s briefly review the most common heat-related illnesses:

• Heat Exhaustion: Symptoms include heavy sweating, weakness, dizziness, nausea, and headache. If untreated, it can progress to heatstroke.
• Heatstroke: A medical emergency characterized by a body temperature above 104°F, confusion, loss of consciousness, and even organ failure.
• Heat Cramps: Painful muscle spasms, often caused by loss of salt and fluids through sweating.
• Heat Rash: Skin irritation from excessive sweating.

These conditions can develop quickly, especially in environments where shade, water, and ventilation are lacking.

Workplace Heat Hazards: Employer Responsibilities

For many New Yorkers, summer isn’t just about leisure—it’s business as usual. Construction workers, delivery drivers, landscapers, and others who work outdoors face heightened risks during heatwaves. But even indoor workers can be affected if air conditioning fails or isn’t provided.

What Does the Law Say?

Under the Occupational Safety and Health Act (OSHA), employers are required to provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” This includes protecting workers from extreme heat.

Employers should:

• Provide access to water, rest, and shade
• Allow for more frequent breaks during hot weather
• Adjust work schedules to avoid peak heat hours
• Train employees to recognize and respond to heat-related symptoms
• Monitor workers for signs of heat stress

If an employer fails to take these steps and an employee suffers a heat-related illness, the employer may be held liable for negligence. In New York, workers’ compensation typically covers medical expenses and lost wages for work-related injuries or illnesses, including those caused by heat. However, if gross negligence or willful misconduct is involved, additional legal action may be possible.

Public Spaces: Who’s Responsible for Your Safety?

It’s not just workers who are at risk. Public spaces—parks, playgrounds, outdoor event venues, and even transit stations—can become dangerous during a heatwave. Property owners and managers have a duty to maintain safe conditions for visitors.

Premises Liability and Heat-Related Illnesses

Premises liability is the legal concept that holds property owners responsible for injuries that occur on their property due to unsafe conditions. While most people associate this with slip-and-fall accidents, it can also apply to heat-related illnesses if the owner failed to take reasonable precautions.

For example:

• A public park with no shaded areas or water fountains during a heat advisory
• An outdoor concert venue that doesn’t provide adequate hydration stations or cooling areas
• A landlord who fails to repair a broken air conditioner in a residential building during a heatwave

In these cases, if someone becomes seriously ill due to the lack of reasonable protections, the property owner or manager could be held liable.

What Constitutes “Reasonable Precautions”?

The law doesn’t expect property owners to control the weather, but it does require them to act reasonably given the circumstances. During a heatwave, this might include:

• Providing shaded areas or tents at outdoor events
• Ensuring water is readily available
• Posting warnings about extreme heat
• Repairing broken cooling systems promptly
• Allowing access to air-conditioned common areas

Failure to take these steps, especially when a heat advisory is in effect, could be considered negligence.

What Should You Do If You Suffer a Heat-Related Illness?

If you or a loved one experiences a heat-related illness at work or in a public space, here’s what you should do:

1. Seek Medical Attention Immediately: Heatstroke and severe heat exhaustion are medical emergencies. Don’t wait—call 911 or go to the nearest emergency room.
2. Document the Conditions: Take photos of the environment, note the temperature, and record whether water, shade, or cooling was available.
3. Report the Incident: If it happened at work, notify your supervisor and file a workers’ compensation claim. If it occurred in a public space, report it to the property owner or manager.
4. Gather Witnesses: If others saw what happened or experienced similar issues, get their contact information.
5. Consult a Personal Injury Attorney: An experienced lawyer can help you determine if you have a case and guide you through the process of seeking compensation.

How Pulvers, Pulvers & Thompson Can Help

At Pulvers, Pulvers & Thompson, we understand the devastating impact a heat-related illness can have on your health, finances, and peace of mind. Our team is committed to holding negligent employers and property owners accountable. We’ll investigate the circumstances, gather evidence, and fight for the compensation you deserve—whether through workers’ compensation, a premises liability claim, or other legal avenues. While legal action can provide relief after an illness, prevention is always the best medicine. Employers, property owners, and event organizers should stay informed about heat advisories and take proactive steps to protect workers and the public. Simple measures—like providing water, shade, and timely warnings—can save lives.

Heatwaves are more than just an inconvenience—they’re a serious public health threat. If you or someone you love has suffered a heat-related illness due to unsafe conditions at work or in a public space, you have rights. Don’t hesitate to reach out to our experienced personal injury attorneys for guidance and support. We’re here to help you stay safe, informed, and protected—no matter how high the temperature climbs. Contact us today for a free, no obligation consolation.

Disclaimer: This post is for legal education purposes only and should not be considered legal advice. No attorney-client relationship has been formed. To the extent this post constitutes attorney advertising, past results do not guarantee similar outcomes.