Negligence is a legal principle that holds wrongdoers accountable for their actions by holding them legally responsible for damages suffered by their victims. Just as every person has a duty to avoid causing harm to others, employers also have a duty to their workers to avoid causing them harm while they are doing their job. An employee may be entitled to compensation if they are injured while they are performing their work duties and their injury was caused by the employer’s negligence. Employers are required to provide a safe workplace, free of recognized hazards, and comply with all safety standards and regulations. That includes providing safe equipment, taking care in hiring and training workers, and ensuring a safe work environment.
To prove a case of negligence, the victim must prove all elements of their case:
That the defendant owed them a duty of care;
The defendant breached their duty of care;
The breach caused the victim’s injury:
The breach was the proximate cause of the victim’s injury: and
The victim suffered actual damages.
In an industrial explosion case, there may be several parties who owe a duty of care to the victim and may bear legal responsibility for the victim’s injuries. An employer who fails to maintain equipment, which results in the industrial explosion; an employer who fails to train their workers on the proper use of an equipment, which results in a malfunction and explosion; a contractor who fails to safely install equipment; or a manufacturer whose defectively manufactured product caused the explosion.
The case must be quickly and diligently investigated to identify all the parties who failed in their duty of care to the victim. You need an experienced Louisville industrial explosion injury attorney who knows the law and has the resources to investigate your case and go after every person or entity whose negligence caused your injury.