negligence charges

Status
Not open for further replies.
P

puppyandjune

New Member
Can a person bring charges against an employer for negligence and carelessness
BEFORE an injury or death occurs?

I work in a lab. The room next to it is where flammable liquids are stored. ( 55gal
drums along with a few hundred sample jars of things such as heptane, methanol,
acetates and the like.) I need to go into that room every few days. In April I found 4 propane gas cylinders on the floor. Propane cylinders are never to be stored inside of a building, let alone in a room with flammable liquids. Even though we have safety personel at this facility they dropped the ball on this one. So I printed out the National Fire Safety regulation and part of the OSHA regulation which pertains to flammable compressed gas storage from the Internet and took it to my boss the terminal manager in order to impress upon him the danger of this. The next day the cylinders were outside of the building on the ground (not caged as required).

Today (May23) I went into that room and there were the 4 cylinders of propane on the floor again. I don't know how many days they were there.

Back in the mid 1980's I worked at a place that had a propane tank explosion which took
out the entire warehouse (nobody was in the warehouse at the time), so I know
the devastion that can happen all by itself. It would be far worse in a room full of flammable liquids.
Since I and two other people work just on the other side of the wall to this room, it made me extremely anxious to find the cylinders back again.

Do people need to be injured in order to bring charges of negligence?
 
puppyandjune said:
Can a person bring charges against an employer for negligence and carelessness
BEFORE an injury or death occurs?

I work in a lab. The room next to it is where flammable liquids are stored. ( 55gal
drums along with a few hundred sample jars of things such as heptane, methanol,
acetates and the like.) I need to go into that room every few days. In April I found 4 propane gas cylinders on the floor. Propane cylinders are never to be stored inside of a building, let alone in a room with flammable liquids. Even though we have safety personel at this facility they dropped the ball on this one. So I printed out the National Fire Safety regulation and part of the OSHA regulation which pertains to flammable compressed gas storage from the Internet and took it to my boss the terminal manager in order to impress upon him the danger of this. The next day the cylinders were outside of the building on the ground (not caged as required).

Today (May23) I went into that room and there were the 4 cylinders of propane on the floor again. I don't know how many days they were there.

Back in the mid 1980's I worked at a place that had a propane tank explosion which took
out the entire warehouse (nobody was in the warehouse at the time), so I know
the devastion that can happen all by itself. It would be far worse in a room full of flammable liquids.
Since I and two other people work just on the other side of the wall to this room, it made me extremely anxious to find the cylinders back again.

Do people need to be injured in order to bring charges of negligence?
Click to expand...

Okay, we just went over this in a class I'm taking on business law so I'm going to try and help. :)

Elements of Negligence:
1. There is a duty owed (duty of care, and standard of reasonable care).
2. This duty is breached.
3. Proximate cause (This means that the breach of duty had a direct effect on the incident that caused injury. It must also be reasonably foreseeable that the injury could have occurred due to this.)
4. Injury and Damages ( There must be legally recognizable injuries. And perhaps the most important: IF THERE IS NO INJURY, THERE IS NO NEGLIGENCE).

I hope this gives you some sort of guideline! :)
 
cbg said:
Christy, do you ever look at the dates of the threads you respond to?
Click to expand...

I was under the impression that the goal of this forum was to help those who had legal questions, not to criticize me on which threads I decide to respond to.
 
CA585 said:
I was under the impression that the goal of this forum was to help those who had legal questions, not to criticize me on which threads I decide to respond to.
Click to expand...

Any post that is extremely old (i.e., more than 48 hours) is considered dead and deserves a proper burial and silence.
 
CA585 said:
My apologies. I was unaware of this rule. :confused:
Click to expand...

It's not a rule; it's common sense.

If posters don't get any response within 24 hours, they lose interest.
 
cbg said:
And I was unaware that asking a simple question constituted criticism.
Click to expand...

Alright, well in order to satisfy your simple question. I will most DEFINATELY pay close attention to the dates on threads I respond to from now on. :rolleyes:
 
CA585 said:
Alright, well in order to satisfy your simple question. I will most DEFINATELY pay close attention to the dates on threads I respond to from now on. :rolleyes:
Click to expand...

Thanks....
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top