INDUSTRIAL INCIDENTS

Recently, I consulted on a case regarding two workers who were killed when a part of the pressurized system used to make a vary flammable liquid failed.

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Within a short time, the families of the deceased as well as others claiming to be affected started suing the company making the flammable liquid.  Immediately, that company blamed the seller of that product.  That seller had contracted to have the product designed to custom specifications.  Even so, that seller immediately blamed the maker of the product.  

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Who is right?  Who wins?  Who pays?

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There are so many variables and so many different fact patters that it is impossible to say until all the facts, issues, claims, AND the relevant law are considered, as a whole, by an attorney.  

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In this case, I consulted on the liability of the maker of the product that failed.  Our theory, and ultimately the successful defense tactic applied in the case, was that the product was made to the sellers specifications.  The seller had approved the product.  The seller also had a hand in recommending the product for this application even though it was not the proper metal for the application.  Therefore, the seller was ultimately on the hook for damages.  

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Our client was not held liable for the loss. 

The truth is in the variables.  Figuring out how they apply and what they mean to YOU is our job.  

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