Personal Jurisdiction In USA Exists Over Offshore Company For Injury Off Russian Coast
Posted on Sep 26, 2014 in Energy/Environmental, Litigation, OSHA, Workplace Safety | Comments Off on Personal Jurisdiction In USA Exists Over Offshore Company For Injury Off Russian Coast
Following injuries sustained while working on a vessel off the coast of Russia, a U.S. worker brought suit against multiple entities involved in the operation claiming, among other things, that they provided faulty and unsafe equipment and that they failed to provide a safe workplace. The U.S. District Court for the Eastern District of Louisiana denied the parent company of the...
California Unfair Competition Law Cannot Create Additional Liability For Workplace Safety Issues
Following a catastrophic workplace incident at a plastics manufacturing plant that resulted in the death of two workers, the California Division of Occupational Safety and Health issued a number of citations to the plant owner for alleged safety violations. The local district attorney, however, in addition to filing criminal charges against the plant’s manager and maintenance...Worker’s LHWCA Claims For Pain And Suffering Not Subject To Maryland’s Noneconomic Loss Cap
Posted on Sep 25, 2014 in OSHA, Product Liability | Comments Off on Worker’s LHWCA Claims For Pain And Suffering Not Subject To Maryland’s Noneconomic Loss Cap
Working on a vessel in Baltimore harbor, a longshoreman was attempting to maneuver a forklift around an open hatch but after issues with the machinery’s brakes, the forklift skidded on the deck, fell through the hatch, and severely injured a worker below. The injured worker filed suit alleging that the companies involved in the operation—the vessel owner and the commercial manager...
Admitting Lock-Out, Tag-Out Procedure Would Have Prevented Incident Dooms Failure To Warn Claims
Posted on Sep 22, 2014 in Construction, OSHA, Product Liability | Comments Off on Admitting Lock-Out, Tag-Out Procedure Would Have Prevented Incident Dooms Failure To Warn Claims
Under Delaware law, a manufacturer or distributor’s duty to warn “extends only to those who can reasonably be assumed are ignorant of the danger.” Following a maintenance mechanic’s injury at a Delaware plastics manufacturing facility sustained when a pump exploded while he was attempting to change out an embossing roll on a pump assembly, the mechanic alleged a failure to warn claim...
West Virginia Federal Court Dismisses Mechanic’s Deliberate Intent Case Against Trucking Company
Posted on Sep 12, 2014 in Litigation, OSHA, Transportation | Comments Off on West Virginia Federal Court Dismisses Mechanic’s Deliberate Intent Case Against Trucking Company
Following a mechanic’s injuries sustained while mounting a tire on a single-piece rim wheel without the use of a cage or other restraining device, and contact by the trucking company of the worker via telephone, social media, and visiting him in the hospital with the alleged improper purpose of convincing him not to file any claims, the worker brought suit for deliberate intent,...
OSHA Announces New Requirements For Reporting Severe Injuries Effective For 2015
Posted on Sep 11, 2014 in OSHA | Comments Off on OSHA Announces New Requirements For Reporting Severe Injuries Effective For 2015
Earlier today, OSHA announced a final rule requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye. The rule, which also revises the list of employers partially exempt from OSHA recordkeeping requirements, goes into effect for workplaces under federal OSHA jurisdiction on January 1, 2015. Under...
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