Bush Fire Victims Vs Sp Ausnet Case Summary

explanatory Essay

1593 words

Bush fire victims Vs. SP AusNet – Civil law The survivors of the horrific Black Saturday fires, are suing the power company SP AusNet claiming its faulty equipment caused the disasters which lead to the death of 173 people. The lead plaintiff Ms Carol Matthews and an estimated 10,000 victims and relatives of the deceased, took the defendant SP AusNet to court for 500 million dollars in damages and personal distress. On the 7th of February 2009, a section of power lines located at Kilmore East broke and upon striking the ground, ignited a bushfire. The case came about after the Victorian Bushfires Royal Commission found the Kilmore East-Kinglake bushfire was caused by an ageing SP AusNet power line. The class action took place at the start …show more content…

SP AusNet's position during the trial, was that the conductor which broke and which initiated the fire was damaged by lightning, compromising its fail-safety design in a manner which was undetectable at the time. Evidence was brought to court from the CFA and the Victorian Bushfires Royal Commission. A test power line was set up to simulate the situation, where the conductor was broken and did not initiate a fire, however SP AusNet dismissed this evidence in the court, as the test was set up on private property without consent of the …show more content…

Manslaughter and any other form of murder are understood to be a criminal crime. This case is a criminal case a there is no dispute between two parties, but a crime where was committed such as killing someone, as a result Mr Marshall violated the common laws of Australia and the crime has been classified as a criminal

In this essay, the author

Explains that the black saturday fire survivors are suing sp ausnet claiming its faulty equipment caused the disasters which led to the death of 173 people.
Explains that a section of power lines located at kilmore east broke and upon striking the ground, ignited the bushfire. the class action took place in the melbourne supreme court and ran for more than 200 sitting days.
States that the plaintiffs include thousands of angry kinglake farmers, small business owners, tourist operators, and residents who lost homes.

Explains that the black saturday fire survivors are suing sp ausnet claiming its faulty equipment caused the disasters which led to the death of 173 people.
Explains that a section of power lines located at kilmore east broke and upon striking the ground, ignited the bushfire. the class action took place in the melbourne supreme court and ran for more than 200 sitting days.
States that the plaintiffs include thousands of angry kinglake farmers, small business owners, tourist operators, and residents who lost homes.
Explains that the case against sp ausnet was a civil case involving 2 parties, trying to get compensation for damages.
Explains that the law suit that took place was a civil law case. the dispute was over the negligence of sp ausnet and its resulting actions.
Explains that sp ausnet agreed to settle as the case at hand was much harder than anticipated. evidence was brought to court from the cfa and the victorian bushfires royal commission.
Explains that sp ausnet was taken to court for damages and personal distress of the victims involved in the black friday bush fire, which led to the settlement of close to $500 million dollars.
Cites abc news' 'black saturday survivors win $500 million payout' and heraldsun's coverage of the case.
Describes how the defendant, christopher marshall, pleaded not guilty to manslaughter of quentin cornwall, against the state of western australia.
Explains that mr marshall was trailed for the manslaughter of mr cornwall by the state of western australia, an appeal against sentence where he pleaded not guilty on the grounds that the death was the result of excessive use of force
Explains that while the crime mr marshall committed is considered the result of self-defence, he committed a crime of manslaughter.
Explains that the judge sentenced mr marshall to 7 years and 6 months a reduced sentence imprisonment without the possibility of parole, for his action of excessive self-defence that led to manslaughter.
Explains that mr marshall was sentenced to a short sentence of 7 years and 6 months imprisonment for manslaughter.

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History Of Hotel Vendome
explanatory essay
On the fateful and unforgettable afternoon of June 17, 1972 Hotel Vendome experienced yet another fire. Actually it experienced several fires in different locations on this date. Electricians working on the first floor reported smoke coming from the upper floors, and a bartender reported smoke in the basement. All occupants in the basement café were safely escorted out, and 3 engine companies, 2 ladder companies, and 1 District Chief arrived on scene noticing ...
In this essay, the author
- Describes how the luxurious hotel vendome was constructed in the back bay area of boston, massachusetts in 1871.
- Describes how the hotel vendome experienced several fires in different locations on june 17, 1972.
- Explains that hotel vendome was originally constructed into two sections, the first in 1872, and the second in approximately 1880. the sub-floor was tongue and groove covered by gypsum fill and hardwood.
- Describes how the luxurious hotel vendome was constructed in the back bay area of boston, massachusetts in 1871.
- Describes how the hotel vendome experienced several fires in different locations on june 17, 1972.
- Explains that hotel vendome was originally constructed into two sections, the first in 1872, and the second in approximately 1880. the sub-floor was tongue and groove covered by gypsum fill and hardwood.
- Explains the alteration to the load bearing wall, partition, and air intake duct in hotel vendome.
- Opines that the boston fire department could have worked closer with the owner/construction crew at the hotel vendome, and the deficiencies would have been found.
1210 words
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The Triangle Shirtwaist Fire of New York City
analytical essay
The Triangle Shirtwaist Fire not only affected the city of New York, but also the rest of the country. It forever changed the way our country would look at safety regulations in factories and buildings. The fire proved to America what can and will happen if we over-look safety regulations and over-crowd buildings. Unfortunately, 146 lives are taken before we fully understand this concept.
In this essay, the author
- Analyzes how the triangle shirtwaist fire changed the way our country looked at safety regulations in factories and buildings. 146 lives are taken before we fully understand this concept.
- Analyzes how the inhumane work conditions in the factory led to the decision of twenty-five ilgwu workers to declare strike against the company in september 1909.
- Describes how the fire spreads up to the ninth and tenth floors of the triangle shirtwaist company.
- Analyzes how the triangle shirtwaist fire changed the way our country looked at safety regulations in factories and buildings. 146 lives are taken before we fully understand this concept.
- Analyzes how the inhumane work conditions in the factory led to the decision of twenty-five ilgwu workers to declare strike against the company in september 1909.
- Describes how the fire spreads up to the ninth and tenth floors of the triangle shirtwaist company.
500 words
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Station Fire
explanatory essay
In West Warwick Rhode Island, on February 20th, 2003, during the performance of the band Great White, a fire broke out that eventually claimed the lives of 100 people and injured an additional 200. The band’s tour manager arranged for, and ignited pyrotechnic props, large fireworks designed to display a shower of sparks. The sparks ignited foam soundproofing near stage. The fire spread quickly. Most were killed either in the crush to exit the building or overcome by fumes while trying to find an exit. The immediate cause was well documented due to witness reports and a videotape that was taken during the concert. In the period that followed the tragedy there were many attempts to fix blame. Following a Grand Jury investigation, several of the parties involved plead guilty to violations of the law and served or are currently sentences in prison.
In this essay, the author
- Describes the fire that killed 100 people and injured 200 at the great white concert in west warwick, rhode island, in 2003.
- Describes the station as a single story wood frame building of approximately 4500 square feet.
- Explains that the pyrotechnics that ignited the fire were designed to spray sparks 15 feet for 15 seconds and the foam that had been used to line the drummer's alcove.
- Describes the fire that killed 100 people and injured 200 at the great white concert in west warwick, rhode island, in 2003.
- Describes the station as a single story wood frame building of approximately 4500 square feet.
- Explains that the pyrotechnics that ignited the fire were designed to spray sparks 15 feet for 15 seconds and the foam that had been used to line the drummer's alcove.
- Describes how great white began their first song and dan biechele ignited the pyrotechnics. it took only a few seconds for the foam to ignite and flames quickly spread to fill the alcove.
- Narrates how the fire was fought exclusively from the exterior, with no attempt to enter the building. four engines, a ladder, rescue unit and the battalion chief were dispatched.
- Explains the nfpa's 'temporary interim amendments', which went into effect on august 14th 2003. they are part of the model code that local governing bodies use to establish building, fire and occupancy codes.
- Explains that festival seating is allowed for gatherings of 250 or more only when a full life safety evaluation has been done. these changes along with additional requirements for wider egress on the main entrance were adopted for the 2006 nfpa standards.
1435 words
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Waco Tragedy
explanatory essay
Hemenway, C. (2013). West fertilizer co. carried only $1m in liability insurance: authorities launch criminal investigation of explosion. Property Casualty 360-National Underwriter, 117(6), 14. doi: A339733708
In this essay, the author
- Explains that waco, texas has a long and rich history in the united states of america. it has also been the home of many tragedies.
- Explains that the west fertilizer company produced fertilizer for american farmers. each chemical listed here has specific warnings for their extreme level of reactivity or flammability.
- Explains that west fertilizer was cited for a serious violation of storage procedures for anhydrous ammonia in 1985. osha instructed the company to complete emergency protocol plans and submit them to local emergency response organizations.
- Explains that waco, texas has a long and rich history in the united states of america. it has also been the home of many tragedies.
- Explains that the west fertilizer company produced fertilizer for american farmers. each chemical listed here has specific warnings for their extreme level of reactivity or flammability.
- Explains that west fertilizer was cited for a serious violation of storage procedures for anhydrous ammonia in 1985. osha instructed the company to complete emergency protocol plans and submit them to local emergency response organizations.
- Narrates how workers of the west fertilizer company were busy, hustling and bustling throughout their work day, but on that day something changed. they noticed smoke coming from the seed room in the wharehouse.
- Explains that ammonium particles are excited due to heat and all it takes to make them explode is pressure. two explosions occurred less than a second from one another.
- Explains that several different agencies investigated the fire that led to the explosion that day. while each organization found areas of discrepancy with the law ranging from empolyee training, storage of chemicals, and ineffective emergency response plans, none of the organizations could identify the cause.
- Explains that the explosion destroyed almost all buildings and equipment belonging to the west fertilizer company. adair grain only carried 1,000,000 dollars worth of liability insurance.
- Explains that several lawsuits have been filed against adair grain and its owner, donald, seeking claims for damages caused to personal and public property.
- Opines that there will be years of litigation ahead of the west fertilizer company in efforts to resolve the difference in the 1,000,000 dollar insurance payout and the other 999,000,000 dollars that will not be covered by the company's insurance.
- Explains that the texas fertilizer plant had last osha inspection in 1985.
- Analyzes how the west fertilizer report details the sequence of a catastrophe.
1094 words
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Responsibility and Blame in Business
analytical essay
This paper will examine the concepts of responsibility and blame through analysis of two scenarios involving explosions at plants in small communities. Both explosions result in the death of 100 people, injury to one thousand community members and property damage and medical expenses of over five hundred million dollars. The explosion in the first scenario was caused by a lightning strike that set off an unforeseeable chain of events. In the second scenario, the explosion was caused by a plant employee smoking near corroded pipes through which flammable vapors were released. To determine the level of responsibility and blame the plant should accept in each of these situations requires an understanding of the difference between these two terms.
In this essay, the author
- Analyzes the concepts of responsibility and blame in business through analysis of two scenarios involving explosions at plants in small communities.
- Explains that responsibility is empowering, while blame is discouraging. responsibility involves looking at a given situation, acknowledging one's roll in it, learning from mistakes, and moving forward to repair or mitigate damages.
- Explains that the plant owner is to blame for the accident and should be held responsible for all costs associated with this explosion, and perhaps punitive damages to discourage future neglect.
- Analyzes the concepts of responsibility and blame in business through analysis of two scenarios involving explosions at plants in small communities.
- Explains that responsibility is empowering, while blame is discouraging. responsibility involves looking at a given situation, acknowledging one's roll in it, learning from mistakes, and moving forward to repair or mitigate damages.
- Explains that the plant owner is to blame for the accident and should be held responsible for all costs associated with this explosion, and perhaps punitive damages to discourage future neglect.
- Argues that companies should understand that they can pursue profitable core business and corporate-responsibility objectives in tandem, without trade-offs. if owners or managers are looking to blame someone else, they are failing to analyze the situation.
- Argues that accepting responsibility and doing its part to repair the damages will be in the plant’s best interest whether it is to blame for the situation or not. modeling responsibility in this situation will encourage plant employees to accept responsibility for their assignments, analyze results, and learn from mistakes in a productive and appropriate manner.
- Explains that in any undesirable situation, responsibility and blame may exist, or it may be possible that responsibility should be accepted but blame is not applicable. focusing on responsibility empowers business leaders and employees to learn from and fix mistakes.
- Explains that culpable control and the psychology of blame are discussed in psychological bulletin.
956 words
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Fire Case Study
explanatory essay
Trouble began at about 1:00 a.m. on August 1st . A fire occurred behind a decorating store on Main St. in St. Catharines. By 3:00 a.m. strong winds aided the fire in spreading to an adjacent building. The fire burned for two more days, but not before it destroyed 38 buildings in the city’s commercial district. An investigation later revealed the reason how the fire started, it was either by careless smoking or an intentional act that ignited paint cans stored in the shed located at 1 Main St.
In this essay, the author
- Explains that the fire started at 1:00 a.m. on august 1st in st. catharines and spread to an adjacent building. it destroyed 38 buildings in the city’s commercial district.
- Explains that the 911 operator dispatched fire trucks down the wrong street, resulting in firefighters arriving on scene 13 minutes late. it is crucial that first responders arrive on the scene promptly to any emergency.
- Opines that firefighters chose to battle the fires in the buildings that had already caught fire, instead of focusing their efforts on preventing it from spreading.
- Explains that the fire started at 1:00 a.m. on august 1st in st. catharines and spread to an adjacent building. it destroyed 38 buildings in the city’s commercial district.
- Explains that the 911 operator dispatched fire trucks down the wrong street, resulting in firefighters arriving on scene 13 minutes late. it is crucial that first responders arrive on the scene promptly to any emergency.
- Opines that firefighters chose to battle the fires in the buildings that had already caught fire, instead of focusing their efforts on preventing it from spreading.
- Explains that bart, the owner of 1 main street, knew that vagrants and teenagers frequented the rear of his property. he planned on cleaning and putting a lock on the shed but never bothered to follow through with his intentions.
- Opines that lisa should be compensated for the damage caused by the fire. the city of st. catharines was negligent for not equipping first responders with up-to-date route information.
- Explains lisa must prove four things in order to be successful in a negligence case: she was owed duty of care, the plaintiff suffered injury or damage, and the defendant's conduct caused her damage.
- Explains that lisa's insurance broker, homer, broke his fiduciary duty to lisa by not ensuring she had the proper coverage she needed.
- Describes lisa's losses due to bart not ensuring his property was secure, the city of st. catharines not giving up to date routes to employees, and homer not providing lisa with the proper advice.
827 words
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Triangle Fire Essay
analytical essay
What happens when the never satisfied desire of fire meets the incredibly unsafe workplace of over seven hundred workers? The March 25th Triangle Fire had a casualty count of 146 and resulted in many more injured, physically and emotionally. Its origins lie in the workers strike that occurred a few months earlier in September 1909. Long hours of back-breaking work in a sweat shop like environment which only resulted in a meager paycheck that was constantly docked for fines dominated strike complaints (Dutcher 97). Women of all classes protested for months until an uneven settlement was reached between the strikers and the factory owners. This all boiled down to no
In this essay, the author
- Analyzes how the triangle fire sparked trade unions and the country's working force into action.
- Analyzes how the triangle fire embodied the self-fulfilling prophecy that the trade union members and the workers had tried to prevent.
- Explains that the triangle shirtwaist company owners, max blanck and isaac harris, had been flagrantly violating safety codes for years. the public outrage led to the formation of the new york city citizens committee on safety.
- Analyzes how the triangle fire sparked trade unions and the country's working force into action.
- Analyzes how the triangle fire embodied the self-fulfilling prophecy that the trade union members and the workers had tried to prevent.
- Explains that the triangle shirtwaist company owners, max blanck and isaac harris, had been flagrantly violating safety codes for years. the public outrage led to the formation of the new york city citizens committee on safety.
- Explains that the triangle fire was a catastrophic tragedy that had very few upsides to it, but one was the evolving view of women's role in society.
- Explains how the triangle fire forced tammany hall into the progressive era with comprehensive factory safety reforms.
- Analyzes how the triangle fire brought the causes of america's workers and labor unions to the front and forced the american people to question how it happened and make their political leaders responsible to prevent anything of this scale from happening again.
1590 words
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Essay On Triangle Waist Factory Fire
analytical essay
On the morning of March 25, 1911, the Triangle Waist Company had a fire breakout. This breakout was one of the most tragic events that occurred in Manhattan, New York. Because of this company and the rules’ that they broke and failed to enforce, many men and women suffered severely before their deaths. This incident brought attention to the world and revealed how dangerous the conditions were for the working people. The Triangle Waist Factory Fire resulted in a variety of laws to further prevent any horror incidents, such as this one, and to better protect the safety of all workers.
In this essay, the author
- Explains that the triangle waist company's fire breakout was one of the most tragic events that occurred in manhattan, new york. it brought attention to the world and revealed how dangerous the conditions were for the working people.
- Explains that thousands of people had to wait outside of the police tape in hope to hear about their relatives who were working in the burned building.
- Explains that each floor thought to have held at least 120 girls and had only one fire escape, however, the exits on the eighth and ninth floors always remained locked.
- Explains that the triangle waist company's fire breakout was one of the most tragic events that occurred in manhattan, new york. it brought attention to the world and revealed how dangerous the conditions were for the working people.
- Explains that thousands of people had to wait outside of the police tape in hope to hear about their relatives who were working in the burned building.
- Explains that each floor thought to have held at least 120 girls and had only one fire escape, however, the exits on the eighth and ninth floors always remained locked.
- Explains how the fire ignited but was never clear as to exactly how. some inspectors thought it was caused by overheating or a cigarette or match that was thrown into the junk pile.
- Analyzes how the tragedy brought the world's attention to how horrible the working conditions were in this time period and demanded a change.
- Explains that it took many people's lives to ameliorate the world for laws to enforce a safe working environment. there are several laws that protect workers' rights, workers’ environment, and fire procedures that are enforced all around us.
702 words
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Nsw Wildfires Research Paper
explanatory essay
The temperatures had reached the mid-30°C and wind speeds around 90kph, leading to the fire in the area to start spreading. Another fire began from the sparks of a downed power line which then spread across farther distances by engulfing the areas’ vegetation. The third fire came from an explosive training mishap by the Australian Defense Force in the State Mine region: these three sparks, fueled by the dry live fuel and wind gusts, allowed the fires to spread (“NSW Bushfires…” 2013). The area was suffering from a drought causing dry vegetation, which allowed the fire to rage until October 28th before firefighters made headway (Murphy 2013). At its high there were 100 fires that the NSW Rural Fire Service were fighting. To ease the damage, firefighters from the surrounding areas came in to assist the teams in extinguishing the fires (“NSW Bushfires: Live Updates” 2013). Finally, cooler weather allowed authorities to handle the fires and on November 13 they were declared controlled (“Bushfire New South Wales” 2013). In the end, the only thing left were the effects on
In this essay, the author
- Describes the fires in port stephens, new south wales, and state mine in nsw.
- Explains the lasting effects and impacts of the nsw wildfires across the nation. the cost of damage directly impacted people as aid was needed.
- Explains that the australian government, and volunteer organizations, started with protocol responses to controlling the nsw wildfires. while the government used fire management methods, no prevention measures were taken.
- Describes the fires in port stephens, new south wales, and state mine in nsw.
- Explains the lasting effects and impacts of the nsw wildfires across the nation. the cost of damage directly impacted people as aid was needed.
- Explains that the australian government, and volunteer organizations, started with protocol responses to controlling the nsw wildfires. while the government used fire management methods, no prevention measures were taken.
- Opines that even with fire management strategies, the country will need to move towards fire prevention methods in order to see the mitigation of events like these.
- Explains how the new south wales wildfires began following the scientific process of fires, continuing with effects across the country, and leading to mitigation effects.
995 words
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Tort Case Study Of Tot
comparative essay
is vicarious liability. Vicarious liability essentially is when someone is held responsible for the tortious act of another person, typically seen in the workplace where an employer is generally held responsible for his/her employee’s action during their course of employment [3]. In the case study, this liability is evident as an employee of Acme Underground did not fully test the conditions of the sub-surface [6]. This indicates a vicarious liability may be possible because the employee was simply following order to conduct test for sub-surface conditions of the bridge site. In fact, Dutton V. Bognor Regis United Building Co. Ltd. case in 1972 [5] can effectively show such liability is indeed present in the case study. Summarizing the precedent case, a house was built on a rubbish deposit which requires larger foundation [5]. The foundation must be approved by an inspector by law, however, the inspector failed to properly inspect the foundation and part of the building collapsed [5]. The final verdict of this case was that the building inspector and the building authority are both liable [5]. This case clearly indicates that although the higher up was not directly related to the incident, he/she may still be responsible for the employee’s mistake which is a matching circumstance to the facts given in the case study. Thus, the employee of Acme Underground may have made a mistake in his work, but since it is in the
In this essay, the author
- Explains that tort is a critical subject of study when analyzing common law jurisdictions. tort is the action of causing harm or loss to another person or party.
- Explains the three elements that determine whether an act is tortious: duty of care, breach of duty, and caused harm or loss.
- Explains that the municipality contracted jason sharp, p.eng., to design and supervise the construction of a bridge. acme underground ltd. advised mr. sharp on the sub-surface conditions of the site.
- Explains that tort is a critical subject of study when analyzing common law jurisdictions. tort is the action of causing harm or loss to another person or party.
- Explains the three elements that determine whether an act is tortious: duty of care, breach of duty, and caused harm or loss.
- Explains that the municipality contracted jason sharp, p.eng., to design and supervise the construction of a bridge. acme underground ltd. advised mr. sharp on the sub-surface conditions of the site.
- Explains that acme underground ltd.'s vicarious liability is evident in the case study, as an employee did not fully test the sub-surface conditions of the bridge site.
- Explains that acme underground ltd. owes a duty of care to provide correct report of the sub-surface conditions to mr.sharp and the municipality.
- Concludes that acme underground ltd. is the only tortfeasor in the case study.
1070 words
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Black Saturday Bushfires Research Paper
explanatory essay
Power lines, Lighting, machinery and Arsonist are confirmed causes of the Black Saturday Bushfires. The drought, the hot temperatures, strong winds and the other factors are said to be the cause of the black Saturday bushfires
In this essay, the author
- Describes the worst weather conditions recorded in victoria, melbourne, on the 7th of february, 2009, causing the biggest bushfire in australia, known as, the black saturday bushfires.
- Explains that the black saturday bushfires began in kilmore east, when a fallen power-line ignited the fire at 11:47am. the fire spread quickly to wandong, humevale and kinglake.
- Explains that the murrindindi bushfire started at 3pm and spread throughout the sate forest and the black range. it reached narbethong, burning most of the houses in that town.
- Describes the worst weather conditions recorded in victoria, melbourne, on the 7th of february, 2009, causing the biggest bushfire in australia, known as, the black saturday bushfires.
- Explains that the black saturday bushfires began in kilmore east, when a fallen power-line ignited the fire at 11:47am. the fire spread quickly to wandong, humevale and kinglake.
- Explains that the murrindindi bushfire started at 3pm and spread throughout the sate forest and the black range. it reached narbethong, burning most of the houses in that town.
- Opines that the murrindindi and kilmore east fires were the main bushfires of the black saturday bushfire. other major blazes occurred in bunyip, horsham, churchill, redesdale, narre warren, bendigo and beechworth.
- Explains that over 4,000 fire fighters, some from new zealand and the united states, helped fight the bushfires. the catastrophic disaster led too many tragedy’s including, killing 173 people in total, injuring 414 people, destroyed 2,100 homes, burnt 1, 100,000 acres of land and left more than 5000 people homeless.
402 words
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Michael Buckley Case Summary
analytical essay
In the case of Michael Buckley, it seemed to be a difficult situation to remedy; however, it would seem that clearly Buckley had experienced a situation of exposure. The exposure was evident, Mr. Buckley’s body covered in a substance known to cause illness and death, e.g., Cancer (Montgomery, 1998) . Nevertheless, Buckley did not seek any help in understanding his situation therefor, he did not show signs of a traumatic experience. Buckley would later file suit under the direction of federal employer liability act (FELA) (Montgomery, 1998; Twomey, Jennings, & Anderson, 2011). The lawsuit was based primarily on the belief that Mr. Buckley had indeed encountered a traumatic episode that rendered Buckley emotionally distressed. However, according to the readings, Buckley did experience and exposure to a harmful substance, e.g. asbestos it would be difficult under the terms of the law to prove he experienced a traumatic event being that Buckley refuses any assistance from the psychiatrist or medical personnel determine his State of mind at that time. Still under the law as it's reviewed by the second court Buckley had only to express concern as stated in the court preceding e.g., Metro – North Transit Inspector General, Supervisor,
In this essay, the author
- Analyzes how the case of michael buckley was difficult to remedy, as his body was covered in a substance known to cause illness and death. the lawsuit was based on the belief that mr.
- Explains that buckley was covered under the federal employers' liability act of 1908 and amended 1920, as well as the jones act, due to the exposure received over several years.
- Explains that the consolidated railroad corporation v. gottshall brought about a level of clarity to the situation. employees negatively affected due to emotional injury were compensated under nied / fela, but buckley's case would be difficult to be awarded compensation.
- Analyzes how the case of michael buckley was difficult to remedy, as his body was covered in a substance known to cause illness and death. the lawsuit was based on the belief that mr.
- Explains that buckley was covered under the federal employers' liability act of 1908 and amended 1920, as well as the jones act, due to the exposure received over several years.
- Explains that the consolidated railroad corporation v. gottshall brought about a level of clarity to the situation. employees negatively affected due to emotional injury were compensated under nied / fela, but buckley's case would be difficult to be awarded compensation.
- Explains that buckley's claim of neglect does not maintain enough information or proof as it is required under the gottshall test, which requires both proof of a traumatic event and the presents of emotional distress.
- Explains that the court's reasoning for the ruling was that similarly to that of marchica, where a needle physically punctured the hand, it was concluded to be similar due to over the three years of working with asbestos
- Explains why buckley was not covered under the fela act due to the inability to prove manifestation of an illness from the exposure of asbestos.
- Analyzes how the court viewed buckley to provide a better understanding of the significance and handling of unwarranted lawsuits, but allowed the case to move on due to the metro north railroad's negligence.
- Explains that buckley's case identifies the law as it pertains to employees filing a suit under the federal employer’s liability.
- Opines that buckley could have been mitigated by implementing a program such as risk assessment to ensure that employees could work uninhibited by the dangers of asbestos.
1113 words
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Sprinkler Factory Fire Case Summary
opinion essay
The work and safety conditions were terrible for these young women. Work environments were cramped, many of these young women were teenagers, and they would work 12 hours a day, everyday only getting paid $15/week. 4 elevators had access to the factory, but only one was fully working, and just to use that one they had to climb down a ladder just to reach it. If they ever needed to get out of the building in case of an emergency it would have taken them hours just to do so. This was an extremely unsafe environment for all these girls to be in.
In this essay, the author
- Opines that the work and safety conditions were terrible for these young women. they would work 12 hours a day, everyday only getting paid $15/week.
- Explains that the business and political atmosphere during this time was corrupt. no one was really interested in the safety of their workers, they were more focused on making more money.
- Opines that the fire could have been prevented if the owner were not so careless. 145 workers died that day because of the lack of safety laws.
- Opines that the work and safety conditions were terrible for these young women. they would work 12 hours a day, everyday only getting paid $15/week.
- Explains that the business and political atmosphere during this time was corrupt. no one was really interested in the safety of their workers, they were more focused on making more money.
- Opines that the fire could have been prevented if the owner were not so careless. 145 workers died that day because of the lack of safety laws.
- Compares today's work conditions with 1911, with workers comp, maternity leave, vacation days, and better work environments.
- Opines that if the owners cared more about their workers instead of just trying to make more money none of this would have happened.
680 words
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Donald Blankenship Case
opinion essay
Although Donald Blankenship claims he is innocent and that the mine disaster just happed to happen, I truly think that Donald Blankenship and the Massey Energy Corporation should be held liable for the twenty-nine lives that were lost on April 5th, 2010. Donald Blankenship and Massey Energy both knew that the equipment they had down in the mines were faulty and had many chances to correct it. Miners themselves complained about their safety and yet nothing was done about it besides shutting the miners up. In my opinion the government should have been more proactive about getting the mine to safe standards but all they kept doing was giving the Upper Big Branch fines and violations when they should have been shut down. The government turned an eye because there was an inside between the managers and the government regulators. Donald Blankenship should be in jail and held accountable for the twenty-nine miners who lost their lives on April 5th,
In this essay, the author
- Explains that violations are a normal part of the mining process, and that massey energy put production ahead of their miners' health and safety.
- Opines that donald blankenship and massey energy corporation should be held accountable for the twenty-nine miners who lost their lives on april 5th, 2010.
- Concludes that massey energy corporation and donald blankenship had a lot to do with the twenty-nine miners who lost their lives on april 5th, 2010.
- Explains that violations are a normal part of the mining process, and that massey energy put production ahead of their miners' health and safety.
- Opines that donald blankenship and massey energy corporation should be held accountable for the twenty-nine miners who lost their lives on april 5th, 2010.
- Concludes that massey energy corporation and donald blankenship had a lot to do with the twenty-nine miners who lost their lives on april 5th, 2010.
559 words
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Railcar Fire Research Paper
explanatory essay
Different flame mischances including the Daegu metro fire in 2003 and the Austria mountain passage fire in 2001 have demonstrated that fire mishaps in underground passages are a greater number of unsafe than those over the ground. Numerous studies have been directed to suspect and examine passage fire wonders. In any case, research on railcar fires as flame sources that focus the sort and attributes of a train passage flame stays deficient. Specifically, the attributes of a traveler railcar flame change contingent upon the structures and inside materials of the railcar. Past studies on railcar flames incorporate Amtrak's full-scale traveler railcar flame test [1] by the NBS (National Bureau of Standards) in 1984, the EUREKA 499 test [2] program
In this essay, the author
- Explains that the daegu metro fire and the austria mountain passage fire have demonstrated that fire mishaps in underground passages are a greater number of unsafe than those over the ground.
- Explains that the daegu metro fire and the austria mountain passage fire have demonstrated that fire mishaps in underground passages are a greater number of unsafe than those over the ground.
202 words
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