Can I Sue for an Explosion?
Liability for Plant Explosions & Your Right to Compensation
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. Here we will address the question: can you sue for an explosion?
Is the Owner of the Plant 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.
Plants are covered by liability insurance in case of 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.
Can I Sue the Equipment Manufacturer?
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, you may be able to sue for an explosion.
- 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 defective.
- 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.