August 16, 2010

Logging Death Raises Defective Product Questions

A logging accident in Chehalis, Washington late last week led to one worker’s death, according to a report by the Associated Press. According to the news agency, 47-year old Michael Messner of Longview, Washington died “while operating a logging processor.”

Quoting police sources, the agency says “Messner died Thursday when a chain broke and rammed through the windshield of the processor’s cab, striking him in the throat.” Washington state officials have begun an investigation. An official of the logging company for whom Messner was working says the company is also conducting its own investigation of the workplace accident.

All of this is noteworthy for Oregonians because of the reported circumstances surrounding Messner’s death. Had a similar accident taken place here in Oregon the victim’s family would be well-advised to consult with a Portland industrial accident attorney to see whether grounds exist for an Oregon wrongful death lawsuit.

Ordinarily, workplace injuries are handled under the workman’s compensation system – legally speaking, a different topic. But the involvement, or potential involvement, of a third party changes the situation under Oregon law. In such situations an Oregon wrongful death or Oregon defective product suit may be possible. In the case of Mr. Messner, for example, an Oregon wrongful death attorney would have to ask whether defects in the machinery he was operating led to the accident that killed him. Should the chain have broken in the first place and, once it did, was it reasonable to expect the windshield to stop it?

Legal issues such as these can be complex, and often require the specialized skills a Portland, Salem, Eugene or Corvallis personal injury attorney can offer to clients. If tragedy strikes a loved one while he or she is on the job, it is important to ask whether a defective Oregon product may have been partly to blame.


AP via The Oregonian: Longview man killed in logging operation near Chehalis, Wash.

July 21, 2010

Oregon Congressman Demands Explanation of Defense Contractor’s Immunity

Contracts between the Pentagon and defense contractor Kellogg, Brown & Root grant the company complete immunity in Iraq for harm its employees may cause to either Iraqi civilians or American and other coalition soldiers.

That immunity – cited by KBR in defending itself against an Oregon workplace injury lawsuit – has prompted Rep. Earl Blumenauer, a Democrat who represents much of the Portland area, to demand an explanation from Defense Secretary Robert Gates, according to The Oregonian. In his letter to Gates, Blumenauer called the blanket liability exemption “mind-numbing”.

The newspaper reports that the exemption came to light as part of a lawsuit filed by 26 Oregon National Guardsmen who served in Iraq in 2003. The troops were assigned to guard KBR employees undertaking reconstruction work. The guardsmen claim that “the contractor knowingly or negligently exposed them to a cancer-causing chemical” the newspaper reports. A similar suit is also being considered by courts in Indiana.

The company has argued that the exemption – which was originally kept secret – immunizes it from any liability concerning injuries the soldiers may have suffered while guarding its activities.

This case is a reminder of the important role an Oregon personal injury lawyer can play in resolving claims related to Oregon workplace accidents – especially those which may have resulted in a wrongful death. Consulting with a Portland industrial accident attorney can be an important first step in determining what recourse you may have following an industrial accident – particularly one whose origins can be traced to negligence on the part of the company. Holding powerful private-sector companies responsible for the damage they cause is one of the most important functions with which a Portland industrial liability lawyer can assist you.


The Oregonian: Blumenauer demands that Pentagon explain KBR immunity deal