Plant Explosion Liability
The public cry in the aftermath of an
industrial accident is for accountability of whoever was responsible for the disaster. Unfortunately,
the legal aspects to this cry for justice can be complex considering the
number of parties potentially liable in such a situation. Furthermore,
the status of the injured party seeking to take action has bearing on
the options available for such recourse. However, despite the obstacles
present, redress is possible.
Industrial injury attorneys are experienced in the area of toxic tort and
plant explosions, allowing them to assist clients in holding defendants legally responsible
and recovery compensation for the damage done by the accident
Owner of the Plant: Are they liable?
The first and most obvious entity suspected as liable in any in any plant
explosion is the company that owns the industrial plant. Chemical production
and manipulation is a growing industry and has been the subject of much
scrutiny. Therefore, there are numerous rules and regulations of
plant safety, maintenance, and operation. Failure to comply with these regulations
can lead to devastating results and legal discipline of the superiors
responsible for the plant.
Industrial plants are covered by liability insurance in case of such instances
when injured victims seek financial recourse. This insurance covers the
actions of negligent employees and third-parties who may contribute to
an accident or explosion. Because the company is an owner of the premises
of the plant, they are responsible for any injuries that take place on
their property. Furthermore, the special character of the industry calls
for extended liability in the case of mishaps that lead to injuries outside
of the perimeter of the plant, such as an explosion resulting in property damage.
Another key factor in many plant explosions in equipment failure, malfunction,
or defect. This opens up the subject of product liability in that the
company responsible for the design and manufacturing of the equipment
used on these plants is also responsible for any defects that may appear
in their product. If any injuries are caused because of a defect in the
design, production, or marketing of their equipment, they can be held
liable for damages.
Design Defects are those which are built into the initial plan of a product before it
is actually made. These defects are such that they make the equipment
inherently dangerous regardless of how carefully it is manufactured or
operated. Because of the highly specialized tasks that plant equipment
is used for, it is essential that it be as safe as possible. It is important
to note that some equipment carry an inherent risk of danger in order
to fulfill their purpose such as tower reactors, which must be heated
to extremely high temperatures in order to effectively melt raw material
so that It can be mixed. Design defects can be extremely dangerous because
they render any product manufactured according to that plan inherently
Manufacturing Defects occur during the production phase and are often due to substandard workmanship
or the use of poor quality materials. A manufacturing defect can cause
heavy machinery to malfunction, distorting the entire chemical process,
and possibly leading to a chemical leak or plant explosion. Equipment
manufacturers are responsible for any mistakes or shortfalls made by employees
during the manufacturing step that later result in injury or damage to
consumers, such as the plant workers and even nearby residents.
Marketing Defects are also referred to as "failure-to-warn" defects. These may
contribute to an accident if workers operating the machinery are not properly
instructed on safe use of the equipment. Manufacturers are required to
provide instructions and warnings concerning the avoidance of possible
danger when using their product. If they fail to do so, neither the industrial
supervisors nor the plant workers have any way of knowing how to operate
the equipment safely and properly.
Negligence & Plant Explosions
Parties liable for plant explosions can be compelled to repay any and all
victims of their shortfalls. Even workers or families of deceased workers
may be entitled to pursue full repayment of damages from the industrial
plant or the manufacturing company of the defective equipment. Negligence
can take place anywhere, from the design room at a product warehouse to
the boiler room on a chemical plant. Therefore, legal action is possible
and necessary for those affected by the wrongdoing and shortfalls of others.
If you or your family was injured in a plant explosion, you deserve to
be compensated to the full extent. A disaster like this can change one's
life dramatically. Arnold & Itkin LLP understands the seriousness
of being made a victim to a plant explosion and the elements required
to effectively represent you in claim for compensation.
Contact a plant explosion lawyer from our firm to learn more about how we can help you!