Courts Using Foreseeability To Determine Whether To Modify or Limit the Ordinary Duty of Care Risk Reversal
Posted on May 12, 2014 in Product Liability, Transportation | Comments Off on Courts Using Foreseeability To Determine Whether To Modify or Limit the Ordinary Duty of Care Risk Reversal
The Restatement (Third) of Torts provides that an actor ordinarily has a duty to exercise ordinary care when the actor’s conduct creates a risk of physical harm, but that in exceptional cases, when policy principles warrant denying or limiting liability in a particular class of cases, a court may decide that the actor has no duty or that the ordinary duty of care requires...
Amusement Park Not Liable to Contractor’s Injured Worker Because No Retained Control Over Contractor’s Work
Posted on May 12, 2014 in Construction, Uncategorized | Comments Off on Amusement Park Not Liable to Contractor’s Injured Worker Because No Retained Control Over Contractor’s Work
In March 2008, an employee of a construction contractor for an amusement park fell to his death while dismantling a large log flume-style ride. The worker’s estate sued the amusement park alleging multiple counts of negligence. As is generally true in all states, one who employees an independent contractor in Illinois is not liable for the acts or omissions of the independent...
Louisiana Employer Held Responsible for Workers’ Compensation Benefits and Attorney’s Fees Despite Injured Worker Testing Positive for Cocaine After Injury
Posted on May 9, 2014 in Litigation, Product Liability | Comments Off on Louisiana Employer Held Responsible for Workers’ Compensation Benefits and Attorney’s Fees Despite Injured Worker Testing Positive for Cocaine After Injury
The Court of Appeals of Louisiana, Third Circuit, upheld a workers’ compensation judge’s ruling that an employer owed a claimant workers’ compensation benefits, penalties, and attorney’s fees. The claimant, who sustained a severe injury to his hand when a hand crank that he was using to lower a light tower spun out of control, had also tested positive for cocaine and amphetamines...
DOT Issues Emergency Order Requiring Bakken Crude Train Operators To Notify State Emergency Response Commissions; FRA and PHMSA Urge Shippers To Avoid Older DOT-111s
Posted on May 8, 2014 in Investigations, Transportation | Comments Off on DOT Issues Emergency Order Requiring Bakken Crude Train Operators To Notify State Emergency Response Commissions; FRA and PHMSA Urge Shippers To Avoid Older DOT-111s
Yesterday, the U.S. Department of Transportation issued an emergency order mandating that all railroads operating trains containing more than 1,000,000 gallons of Bakken crude oil notify State Emergency Response Commissions (SERCs) about the operation of such trains through their states within 30 days. The written notification must provide a reasonable estimate of the number of trains...
Tenth Circuit Overturns Jury Verdict For Injured Floorhand Finding Defendant Was Statutory Employer Under Colorado Law and Immune From Negligence Liability
Posted on May 8, 2014 in Energy/Environmental, Litigation | Comments Off on Tenth Circuit Overturns Jury Verdict For Injured Floorhand Finding Defendant Was Statutory Employer Under Colorado Law and Immune From Negligence Liability
Early in the morning of December 13, 2005, a floorhand was seriously injured while working on a drilling rig. At 12:01 am on the same day, an acquisition agreement became effective by which the floorhand’s employer sold the casing drilling services portion of its business and transferred employees of that division to the acquiring entity. The floorhand sued his now former employer...
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