Employees Sue After “Abnormally Dangerous Activities” Led To Explosion
One employee and one subcontractor have filed a lawsuit against a company for whom they were working after they said they were asked to perform unreasonably dangerous activities that led to an explosion at the facility. The explosion, they said, left them with “serious and painful” injuries. The employee and the contractor were within 100 feet of the explosion when it occurred. An attorney representing the workers said that they sustained traumatic brain injury and are still dealing with the impact of the explosion in their lives.
The lawsuit blames “ultrahazardous” activity for the explosion that injured the workers. The company responded with a request to dismiss the lawsuit on the grounds that the plaintiffs had failed to establish what that “ultrahazardous activity” was, nor (and more importantly) how the company was negligent for the explosion.
In a personal injury lawsuit, there must be a dispute concerning various facts in the case that a jury can render a decision on. For example, if you are injured by a toaster that shoots a piece of toast into your eye, then the jury must determine if it was the negligent construction of the toaster that resulted in your injury or that the toaster was negligently operated by you. That is exactly the sort of fact that a jury would be expected to decide on.
The problem with the claim, according to the defendants, is that it provides a conclusory statement (ultrahazardous activity resulted in a dangerous on-premises condition that injured two workers) without providing supporting evidence of the claim or even identifying what the ultrahazardous activity was.
Employees at the facility turned off a fan to make some repairs. When they turned the fan back on, it caused an explosion. Two were injured in the blast. Now they want the company that they were contracting for to pay their medical expenses, lost wages, and more.
The most likely cause of the explosion, according to investigators, was a dust fire. Dust that had been sucked into the fan area ignited when the fan sparked. Dust fires are a common cause of explosions in industrial settings.
The plaintiffs contend that the company was aware of the dust issue because a self-audit and company-initiated inspection pointed out the potential danger there.
What will happen?
It’s likely that OSHA will investigate the incident to determine what (if anything) the plant could have done differently to prevent the dust explosion. Dust explosions are not unique events that occur once every blue moon. They are a constant source of danger for plant workers. It is likely that the plant was negligent in allowing the dust fire to occur. If so, the plant is liable for the injuries caused by that alleged negligence.
Talk to a Miami, FL Personal Injury Attorney
If you’ve been injured due to the negligence of another individual, you are entitled to sue to recover damages related to your injuries. Call the Miami personal injury attorneys at Payer & Associates today to set up a free consultation and we can begin building your case immediately.