The well-known organic and health-food manufacturer Amy’s Kitchen is based in California but operates a plant here in Oregon. According to a recent article in the Sonoma Press-Democrat the company is being sued “by four former employees who claim the company systematically put workers at risk through overwork and unsafe conditions.”
At first glance this would appear to be a straightforward worker’s comp dispute. According to the newspaper a key allegation in the lawsuit involves injuries allegedly sustained by one plaintiff while handling large and heavy objects in the plant. While the current lawsuit as reported by the Press-Democrat does not seek damages on the basis of third-party liability issues these are worth exploring on a hypothetical level, because they are a potential factor in many workplace deaths and injury cases.
The key case when considering this sort of third-party liability in Oregon is Kilminster v Day Management Corp (323 Or. 618) which was decided by the Oregon Supreme court in 1996. In that case the estate of a man who died on the job contended that the employer “deliberately did not provide its workers, including decedent, with legally-required safety equipment.” The court also found that the company did not offer necessary safety training to employees and did not have a proper safety plan in place.