Determining Liability in an Industrial Explosion
Industrial manufacturers often have to use products and materials that could cause fire hazards, or worse, an explosion. While industrial fires and explosions may be a rare occurrence, when they do happen, the effects can be devastating, and many victims involved can suffer catastrophic injuries.
However, when an industrial explosion occurs, who is deemed to be at fault? The answer depends on a few factors. Here’s what you need to know.
The Negligent Parties Involved
The determination of liability in an industrial explosion falls on the negligent parties involved. The Occupational Safety and Health Administration (OSHA) mandates a protocol of safety that every employer should abide by to prevent an explosion — and these regulations and standards include training employees, handling hazardous chemicals and materials, equipment, and facility maintenance.
Since different parties may be responsible for various safety standards, more than one party can be held liable in an industrial explosion if they were negligent in carrying out these safety measures. One or more of the following parties could be held liable:
Industrial Property Owners
The property owner to which the explosion occurred could be held liable if they are required to safely maintain the property for workers on the premises.
It’s highly common for third-party contractors to be on-site in industrial settings—for example, an electrical contractor is wiring the facility. If the contractor failed to comply with OSHA safety standards, then they could be named liable in an industrial explosion lawsuit.
There are many different types of equipment that are used in industrial plants. If the products are defective or have a design defect that caused the explosion or have a marketing defect, the manufacturer can be held liable. A marketing defect is considered when instructions to the equipment do not correctly define the product's use or how to use the product.
Parties Who Oversee Operations
Should an industrial plant be operated by another entity that is responsible for daily operations, if an explosion resulted from their negligence, they could be the liable party.
Injured in an Industrial Explosion? We can help.
Big cases require big resources. When a devastating event such as an industrial explosion happens, the effects can last a lifetime. If you’ve been hurt in an industrial explosion accident, we’ll be on your side every step of the way. Our team of experienced attorneys will protect your rights when it comes to the maximum compensation you deserve. We have a track record of securing results in complex cases for our clients, and we want to do the same for you.
Contact Dolt, Thompson, Shepherd & Conway, PSC at (502) 242-8872 to learn how we may assist you.