Amusement Park Operator Owed Ordinary Care, Not Highest Standard Of Care To Injured Patron In Missouri
Posted on Nov 18, 2014 in Product Liability | Comments Off on Amusement Park Operator Owed Ordinary Care, Not Highest Standard Of Care To Injured Patron In Missouri
The Supreme Court of Missouri reversed a jury verdict in favor of a 12-year old plaintiff who sustained injuries while on an amusement park ride. The court determined that the trial court erred in instructing the jury to assess the defendant’s alleged negligence using the highest degree of care standard instead of an instruction on ordinary care. The case involved a water slide...
BSEE Panel Investigation Cites Misunderstood Verbal Instructions And Failure To Account For Seemingly Routine Tasks
Posted on Nov 18, 2014 in Energy/Environmental, Investigations, OSHA, Process Safety, Workplace Safety | Comments Off on BSEE Panel Investigation Cites Misunderstood Verbal Instructions And Failure To Account For Seemingly Routine Tasks
The Bureau of Safety and Environmental Enforcement (BSEE) issued its results of a panel investigation into an October 2013 fatality off the Louisiana coast last week. The incident involved the death of a welder who fell into the Gulf when a 130-ton dry oil storage tank skid assembly became detached from a platform unexpectedly. The worker was employed by an oilfield services...
Deliberate Intent Suit Involving Injuries From Propane Heater Dismissed In Washington
Posted on Nov 17, 2014 in Litigation | Comments Off on 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...
Refinery Owners Win Summary Judgment On Police Officer’s Chemical Exposure Claims
Posted on Nov 17, 2014 in Energy/Environmental, Product Liability | Comments Off on Refinery Owners Win Summary Judgment On Police Officer’s Chemical Exposure Claims
A Texas police officer brought suit against the owners of multiple refineries claiming he was damaged as a result of chemical exposure during power failures at the refineries in April 2011. Last week, the U.S. District Court for the Southern District of Texas granted summary judgment for the defendants on all of the plaintiff’s claims for the following reasons: nuisance...
Louisiana Law Applies In Product Liability Suit Stemming From Natural Gas Well Blowout
Posted on Nov 12, 2014 in Energy/Environmental, Litigation, Product Liability | Comments Off on Louisiana Law Applies In Product Liability Suit Stemming From Natural Gas Well Blowout
Following a 2009 natural gas well blowout in Louisiana, the well operator brought suit against the manufacturer and supplier of lock screw assemblies alleging that the products were defective and that this defect caused the blowout. The parties asked the court to determine whether Louisiana or Texas law applied. The parties agreed that Louisiana choice of law rules should apply, but...
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