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.
0 comments:
Post a Comment