Deliberate Intent Suit Involving Injuries From Propane Heater Dismissed In Washington

The U.S. District Court for the Eastern District of Washington recently dismissed an intentional exposure to danger claim brought by a worker against his employer for failure to demonstrate that the employer had actual knowledge that the worker was certain to be injured on the job.  The worker, an employee of a frozen food distributor, was injured during the course of his employment when gas from the propane heater he was using to defrost the company’s delivery trucks ignited.  The worker sued, alleging among other things that his employer deliberately caused his injury.

As is true in most states, under the Washington Industrial Insurance Act, employers are granted immunity from civil suits by workers unless the injury results from the “deliberate intention” of the employer.  To demonstrate “deliberate intent,” a plaintiff must present facts that show that the employer had “actual knowledge that an injury was certain to occur.”  The court concluded that the worker could not make this showing.

First, the facts showed that prior to the worker’s injury, the employer had used the heater to defrost a truck without incident, indicating that injury was not certain.  Second, the employer was not present when the accident actually occurred, further detracting from the certainty requirement.  Finally, the worker failed to produce evidence of prior injuries resulting from the use of the propane tank to defrost trucks, which could have shown that the employer had actual knowledge that the worker could be injured when performing the same activity.  Consequently, the court found that the worker failed to establish a genuine dispute of material fact regarding the employer’s actual knowledge that injury was certain and dismissed the worker’s claim.