The Legal Implications of Texas Plant Explosion

An explosion occurred at a fertilizer plant in West, Texas on April 17.  Fourteen people died and 200 injuries (The Associated Press 1). The explosion also destroyed a significant portion of the town of West in Texas.  Some of the people who died were firefighters who responded to the explosion. Others had nothing to do with the factory. Of significance to legal observers are the legal questions that the incident raises. One of those questions would be whether the plant owners are liable in negligence to the members of the town who were displaced.   
A person who wants to succeed in an action for negligence need only show three things: that the defendant owed them a duty of care; the defendant breached that duty; the plaintiff suffered injury as a result of the breach. One owes a duty of care when their actions or omissions are likely to affect others. Thus, a doctor owes a duty of care to his patients. A breach of duty occurs when those who owe a duty fails to exercise their duty. Failure is gauged by the standards of a hypothetical reasonable person. In other words, the court will ask what a reasonable person would have done in the circumstance.
It is clear that the owners of the fertilizer plant owed a duty of care to the residents of West, Texas. Their omissions or actions had the likelihood of affecting those residents. They had the ability to prevent the explosion if only they carried out regular inspections of the plant but the did not meaning that they were in breach of their duty (Where OSHA Fails 1). That breach led to the death and displacement of the residents. It follows from this those residents who were directly affect can actually succeed as against the plant owners in a suit for negligence.


Works Cited
“Where OSHA Falls Short, and Why?”The New York Times 29 April 2013.

The Associated Press. “Hundreds Seek Help after Texas Plant Explosion.”Denverpost.com 29      April 2013.
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