Boot Manufacturer’s Third-Party Complaint Against Deceased Worker’s Employer Dismissed By Kentucky Court
Posted on Nov 20, 2014 in Construction, Litigation, Product Liability | Comments Off on Boot Manufacturer’s Third-Party Complaint Against Deceased Worker’s Employer Dismissed By Kentucky Court
Following a worker fatality caused by electrical shock at a Kentucky food packing plant, the worker’s estate brought suit against the manufacturer of the “EH” certified boots he was wearing, which allegedly had been warranted to provide protection against inadvertent electrical contact up to 14,000 volts (the worker was exposed to 480 volts at the time of his death)....
Process Safety Within New York City Department Of Buildings Questioned By Comptroller’s Audit
Posted on Nov 12, 2014 in Construction, Process Safety | Comments Off on Process Safety Within New York City Department Of Buildings Questioned By Comptroller’s Audit
Although most of our postings relate to company safety practices, the concept of process safety is equally critical for government agencies tasked with ensuring safety. New York City’s Comptroller reported on Friday that a recent audit of the New York City Department of Buildings (“DOB”) revealed that the agency has dramatically failed to implement the...
Indiana Court Upholds Verdict Against Parts Distributor, Agrees With Remedial Measures And Spoliation Rulings
Posted on Nov 11, 2014 in Construction, Investigations, Product Liability | Comments Off on Indiana Court Upholds Verdict Against Parts Distributor, Agrees With Remedial Measures And Spoliation Rulings
In April 2006, the braking system on a crane being used to hoist a ladle of molten iron at a steel mill in Indiana failed, which caused molten iron to spill and ignite an extensive fire. The mill owner sued the supplier of the braking system’s parts that fractured for breach of contract and breach of implied warranties. Notably, the parts supplier was not the parts...
First Circuit Tosses Lightning-Related CSST Defect Claims For Lack Of Standing
Posted on Nov 9, 2014 in Construction, Litigation, Product Liability | Comments Off on First Circuit Tosses Lightning-Related CSST Defect Claims For Lack Of Standing
In a products liability case concerning standing based on a theory of enhanced risk of future injury, the First Circuit affirmed a district court’s dismissal of a plaintiff’s purported class action claiming that the corrugated stainless steel tubing installed to provide gas to his outdoor firepit was susceptible to causing fires if struck by lightning. Despite being a...
Powered Haulage Incidents A Critical Area Of Safety Emphasis
Posted on Nov 6, 2014 in Construction | Comments Off on Powered Haulage Incidents A Critical Area Of Safety Emphasis
Yesterday, the Mine Safety and Health Administration reported a recent fatality at a Wyoming surface mine involving a contractor truck driver with more than five years of truck driving experience. While operating a rock track involved in the removal of top soil, he accidentally drove off a highwall and fell approximately 240 feet. Last year alone, there were six fatalities in the...
Consumer Product Safety Commission Announces $4.3 Million Settlement With Mini-Bike/Go-Cart Manufacturer
Posted on Oct 29, 2014 in Construction, Product Liability | Comments Off on Consumer Product Safety Commission Announces $4.3 Million Settlement With Mini-Bike/Go-Cart Manufacturer
The U.S. Consumer Product Safety Commission (CPSC) announced yesterday that it reached a settlement with the manufacturer of mini-bikes and go-carts for $4.3 million after the manufacturer failed to immediately report to the CPSC alleged defects and an unreasonable risk of serious injury involving eleven of the company’s models. The CPSC had alleged that the gas cap could leak or...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>