Defective Design and Failure To Warn Claims Allowed To Proceed Against High Pressure Hose Manufacturer in Kentucky Federal Court
Posted on Apr 15, 2014 in Product Liability | Comments Off on Defective Design and Failure To Warn Claims Allowed To Proceed Against High Pressure Hose Manufacturer in Kentucky Federal Court
While using an ultra-high pressure hose to clean heavy machinery in a process known as “hydroblasting” or “shotgunning” at a Kentucky manufacturing plant, a worker died after the hose ruptured and a powerful stream of water penetrated the worker’s abdomen. The worker’s estate brought defective design and failure to warn claims against the hose manufacturer claiming that the hose was...
Product Liability Case Involving Alleged Runaway Mine Car Allowed To Proceed in Alabama Federal Court
Posted on Apr 15, 2014 in Construction, Investigations, Product Liability | Comments Off on Product Liability Case Involving Alleged Runaway Mine Car Allowed To Proceed in Alabama Federal Court
Following significant injuries sustained while riding a mine car that allegedly malfunctioned, a worker brought suit against the manufacturer of two cooling fans in the mine car. The worker’s employer, however, discarded the cooling fans and could not locate them upon receipt of an evidence preservation letter from the plaintiff’s attorney approximately 35 days following the...
Contractual Liability Limitation Upheld in Suit Brought Against Escalator Maintenance Company Following Malfunction After NHL Game
Posted on Apr 10, 2014 in Litigation, Product Liability | Comments Off on Contractual Liability Limitation Upheld in Suit Brought Against Escalator Maintenance Company Following Malfunction After NHL Game
In 2009, following a St. Louis Blues hockey game, an escalator malfunctioned by running out of control and crashing, causing injuries to multiple sports fans and damage to the escalator. Among the lawsuits that followed, the arena owner sued the company that performed maintenance on the escalator two months before the incident. The maintenance company filed a motion to dismiss certain...
BP Prior Incidents Again at Issue in Oil Spill Litigation
Posted on Mar 31, 2014 in Energy/Environmental, Process Safety, Product Liability, Workplace Safety | Comments Off on BP Prior Incidents Again at Issue in Oil Spill Litigation
As we previously reported in “Be Prepared for the Inevitable ‘Process Safety’ Attack,” Corporate Counsel (Jan. 23, 2014), available here, the private plaintiffs in last year’s liability trial stemming from the 2010 Gulf oil spill were permitted to introduce evidence of some of BP’s most notable prior incidents through the opinion of a renowned process safety expert,...
Tenth Circuit Affirms Jury Verdict in Negligent Design Case Against Manufacturer of Truck-Mounted Drill Rig
Posted on Mar 18, 2014 in Energy/Environmental, Investigations, Product Liability | Comments Off on Tenth Circuit Affirms Jury Verdict in Negligent Design Case Against Manufacturer of Truck-Mounted Drill Rig
An Oklahoma rig worker brought suit for strict product liability and negligent design against the manufacturer of a truck-mounted drill rig after suffering catastrophic injuries from becoming entwined in the rig’s auger. On the strict product liability claim, Oklahoma law requires a plaintiff to show that a defect 1) caused the injury; 2) existed at the time it left the manufacturer’s...
Federal District Court Says Chemical Company’s Restoration of Property to Regulatory Standards Sufficient To Avoid Damages for Release of Wastewater on Plaintiff’s Property
Posted on Mar 3, 2014 in Energy/Environmental, Product Liability | Comments Off on Federal District Court Says Chemical Company’s Restoration of Property to Regulatory Standards Sufficient To Avoid Damages for Release of Wastewater on Plaintiff’s Property
Following a 2011 pipeline rupture and wastewater spill, a Louisiana federal district court granted in part and denied in part a chemical company’s motion for summary judgment in a case for alleged damages. As owner of the pipeline, the court found that under Louisiana law, the chemical company would be liable for any damages that the plaintiff’s land had incurred as a result of the...
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