Tuesday, May 4, 2010

WEST VIRGINIA MINING DISASTER - Tragedy Follows Inaction on Known Risks

In a recent, tragic West Virginia mining accident, twenty-nine people were killed. It has been said that an accident like this is preventable and should never have happened. The reason is this: following the disaster, it was revealled that the mine "was cited more than 50 times in the last month alone for uncorrected safety violations. 12 citations were for problems with ventilation and preventing methane gas buildup." It appears that this tragedy "was the result of a corporate refusal to correct known dangers."

http://www.productliabilitylawblog.com/2010/04/west_virginia_mining_disaster.html

Here's an interesting look at how tort laws vary in different states. As a consequence of a recent Ohio Supreme Court Case, "under current Ohio law, an employer is not liable for injuries or deaths to injured workers unless the employer specifically intended to injure or kill them--the same standard of proof required to prove a murder. This law was passed by the Ohio legislature in 2005 as part of 'tort reform' legislation." The reasoning behind this reform is that reducing the liability for businesses in this way produces a "predictable legal climate" in Ohio that is attractive to businesses. What do you think? Is this good practice to attract industry or a throwback to Upton Sinclair's "The Jungle?"

http://nwbullseye.blogspot.com/2010/04/west-virginia-mine-disaster-no.html

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