Who’s Liable When Heat Turns Dangerous?

Employers, schools, and property owners may be held legally responsible when heat safety measures fall short

If you live in the continental U.S., you know this summer’s been HOT. Blazing, steaming, sweltering hot. Even in typically cooler climates (hi, Northeast), there’s been heat wave after heat wave… and it appears this is our “new normal” because of a changing planet. 

As extreme heat events become more frequent and severe across the U.S.—particularly in southern and southwestern states—heat-related liability claims are emerging as a critical area of concern in personal injury law. From workers collapsing on job sites to students falling ill during outdoor school activities, failure to provide adequate protection from high temperatures is leading to lawsuits against employers, schools, and property owners.

Why are we having so many heat waves?

The increase in heat waves across the U.S. is primarily due to climate change, which is driven by increased greenhouse gas emissions, particularly carbon dioxide (CO₂) and methane, from burning fossil fuels. These gases trap heat in the Earth’s atmosphere, leading to global warming and more extreme weather events, including prolonged and intense periods of heat.

There are a few reasons for this:

• Global warming. Average global temperatures have increased by over 2°F (1.1°C) since pre-industrial times, and the U.S. has experienced even greater warming in some regions.
• Shifting jet streams. Jet stream changes from Arctic warming can cause high-pressure systems to stall over various regions, which traps hot air and creates extended heat waves.
• Urban heat islands. Cities tend to be hotter than rural areas because of concrete, asphalt, and a lack of vegetation. As more people live in cities, the impact of heat waves is intensified.
• Dry soil and drought. Heat waves are worse in areas with ongoing drought since dry soil doesn’t absorb heat efficiently, which leads to hotter surface temperatures.
• Increased frequency and duration. The EPA reports that the frequency of heat waves in major U.S. cities has tripled since the 1960s. They are also lasting longer and occurring earlier and later in the year.

We’re seeing some regional trends, too. The Southwestern U.S. (Arizona, Nevada and Texas) are experiencing frequent triple-digit temperatures with little overnight relief. In the South (Florida and Louisiana), residents experience extreme heat, plus high humidity, which increases the risk of heatstroke. And, in the Pacific Northwest, which is historically cooler, the area has recently had record-breaking heat waves because of shifting climate patterns.

Increased concern about heat-related illness

The CDC reports that heat is the leading cause of U.S. weather-related deaths, surpassing hurricanes, floods, and tornadoes. Record-breaking temperatures in Texas, Arizona, and Florida in 2023 and 2024 resulted in hundreds of hospitalizations from heatstroke, dehydration and other heat-related conditions.

Are there lawsuits for heat-related injuries?

Yes, an employer, school or camp, or even a property owner or landlord could be held liable for a heat-related injury in certain situations.

Employer responsibility for heat-related injuries and illnesses

The General Duty Clause set forth by OSHA requires employers to provide a safe work environment. In a heatwave, this means available shaded rest areas, cool water, breaks, and reasonable adjustments to work hours or intensity. An employer that fails to implement these and other precautions could face personal injury or wrongful death lawsuits, as well as regulatory fines. 

A Texas construction company was named as a defendant in a recent lawsuit after workers died from heatstroke on job sites without water breaks. 

In another lawsuit, Arizona warehouse employers were sued for refusing to install air conditioning or fans despite indoor temperatures that exceeded 100℉.

School and camp liability for heat safety

A school or summer camp could be negligent if a child suffers heat illness during outdoor physical education, field trips, or other activities. The likelihood of negligence is especially strong if they ignored weather alerts or failed to provide hydration and rest periods. 

A Florida middle school faced legal action in 2024 after a student collapsed during football practice, when the temperature exceeded 95℉ and there were no water breaks.

Property owners and landlord liability for heat conditions

A residential landlord might be liable if they fail to repair or provide functional air conditioning systems during dangerous heat events. Liability still exists under habitability laws or local health ordinances, even in states that don’t have specific cooling requirements. 

A business could also face a premises liability lawsuit if it fails to warn patrons about heat dangers or provide cooling accommodations during extreme weather.

Lawsuits for heat-related injuries

Negligence

Negligence is the most common basis for this type of lawsuit. A successful negligence claim requires that a party breached its duty of care, and that failure caused a heat-related injury.

Wrongful death

A surviving family member could file a wrongful death lawsuit if a party’s negligence leads to fatal heatstroke.

Workers’ compensation

An employee who suffers illness because of heat could file a workers’ compensation claim. However, the claimant could pursue a third-party lawsuit if the equipment or conditions were unusually hazardous and a party other than the employer was negligent.

Can you limit your liability for a heat-related illness?

Yes, a party that wishes to reduce its risk of being subject to a heat-related liability lawsuit (and keep people safe) can take measures that include:

• Monitoring heat advisories and adjust schedules accordingly
• Providing shade, cooling stations, and hydration
• Training supervisors and staff on recognizing heat illness
• Adopting heat safety policies and emergency protocols
• If you work with children, carefully supervise to make sure they’re not becoming overheated

As climate change drives up temperatures nationwide, legal exposure from heat-related injuries is becoming a significant risk. Employers, schools, and property owners need to treat extreme heat as a legal safety issue—not just a weather inconvenience. Failure to do so could result in injury, tragedy, and substantial legal consequences.