Rarely are senior corporate officials jailed for health and safety offences in Canada. But recently, two company directors of an importer and retailer of furniture and accessories, were jailed for 25 days after a worker died...more
FLORIDA STATE CASES -
Employer Liability Policies & Worker’s Compensation – Although decedent-employee’s estate had standing as a judgment creditor to sue the tortfeasor-employer’s liability insurer for breach of...more
In its weekly orders (11/21/14), the Texas Supreme Court issued five new opinions and granted review in three cases. Click here to read the order list and find the opinions....more
Work place fatalities in North Carolina have been on the decline over the last few years. However, they are still happening way to often, especially in the trucking and construction industries. Hopefully, you’ll never find...more
In McBride v. Estis Well Service LLC, a divided Fifth Circuit sitting en banc held that punitive damages are not recoverable by an injured seaman or his heirs under the Jones Act or general maritime law of...more
Can an employer be liable for wrongful death by failing to investigate an employee's email threats to murder his family? The Illinois Appellate Court recently ruled that the answer may be "yes" based on the employer's...more
An Illinois Appellate Court recently held that an employer must defend against a wrongful death lawsuit alleging that it was negligent in failing to investigate death threats that its employee had emailed to his family from...more
Sea World has been at the center of a firestorm of publicity after the death of killer whale trainer, Dawn Brancheau, in 2010. Ms. Brancheau’s death was featured in the documentary film, “Blackfish.” She was apparently...more
In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more
A state appellate court in Houston, Texas recently held that an employer had no duty to prevent an employee from injuring himself as a result of his own intoxication.
Employers are not required to anticipate all safety hazards, however unforeseeable. A recent case illustrates this point.
In a tragic accident, a worker died when a brace (which formed part of a makeshift winch used to...more
Hat tip to the Virginia Lawyers Weekly for covering a story about a recent case that may have a far-reaching impact on the doctrine of respondeat superior in Virginia. The Supreme Court of Virginia has granted certiorari in a...more
The Alberta Court of Appeal has agreed to hear an employer’s appeal of a judgment of the Court of Queen’s Bench which overturned acquittals, by a Provincial Court judge, of two charges under the Alberta Occupational Health...more
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