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Workplace Safety Duty of Care

Snell & Wilmer

A Recent Washington Supreme Court Decision Underscores the Significance of Safety Protocol Provisions in Construction Contracts

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Under Washington common law, property owners owe a duty of reasonable care to “invitees” (essentially, persons invited onto the land by the owner), which requires owners to inspect for dangerous conditions and to make such...more

Cozen O'Connor

Westray Bill Gaining Traction Across Canada

Cozen O'Connor on

The enduring legal legacy of the Westray Mine disaster is the Bill C-45 amendment to the Criminal Code that established the new crime of Occupational Health and Safety (“OHS”) criminal negligence for individuals and...more

Beveridge & Diamond PC

California Employers are not Liable for the Spread of COVID-19 to Household Members

The California Supreme Court held this month that employers do not owe a duty of care under California law to prevent the spread of COVID-19 to employees’ household members. Kuciemba v. Victory Woodworks, Inc., S274191 (July...more

CDF Labor Law LLP

California Supreme Court Declines to Impose Tort Duty on Employers to Prevent Spread of COVID-19 to Employees’ Households

CDF Labor Law LLP on

The California Supreme Court held last week that a California employer does not owe a duty of care to prevent the spread of COVID-19 to members of an employee’s household. In a unanimous decision, Kuciemba v. Victory...more

Jackson Lewis P.C.

California Supreme Court Rules Against COVID-19 Take-Home Exposure Liability for Employers

Jackson Lewis P.C. on

The California Supreme Court in Kuciemba v. Victory Woodworks, Inc was asked to rule on two questions by the 9th Circuit: 1. If an employee contracts COVID-19 at the workplace and brings the virus home to a spouse, causing...more

Fisher Phillips

California Supreme Court Shuts Down COVID-19 Liability Claim from Worker’s Wife: 4 Key Takeaways for Employers

Fisher Phillips on

The California Supreme Court handed employers a win last week by making it clear that they do not have a duty to prevent the spread of COVID-19 to employees' household members. The court didn’t go so far as to say such claims...more

Laughlin, Falbo, Levy & Moresi LLP

Kuciemba Update: Supreme Court Answers Long-Awaited Questions on Family Member COVID-19 Claims

In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household...more

Dechert LLP

Hygiène, sécurité et conditions de travail / Sélection de jurisprudence – France / Second semestre 2022

Dechert LLP on

Cette newsletter revient sur quatre décisions notables en matière d’hygiène, sécurité et conditions de travail : L'absence de formation à la sécurité ne constitue pas un manquement délibéré à une obligation particulière...more

Dechert LLP

Health, Safety and Working Conditions / Legislation and Case Law in France / Second Semester 2022

Dechert LLP on

This newsletter reviews four recent significant judicial decisions on health, safety and working conditions: Failure to provide safety training does not constitute a deliberate breach of a specific duty of care or safety...more

Proskauer - California Employment Law

California Supreme Court to Determine Scope of Employer Liability for At-Home Spread of COVID-19

Last week, the California Supreme Court agreed to decide two unique questions with far-reaching implications for employer liability: (1) may an employer be held liable to an employee’s spouse when an employee contracts...more

Fisher Phillips

California Court Ruling Opens Door to COVID-19 Claims by Non-Employees Catching Virus from Workers

Fisher Phillips on

A common question posed during the pandemic has been whether employers can face liability for COVID-19 infections originating in the workplace. As to employees who contract COVID-19, the answer has been that an employee’s...more

Conn Kavanaugh

Lawsuits in the Aftermath of Rust

Conn Kavanaugh on

Anton Chekhov famously observed that any gun introduced to a story must be fired. And indeed Hollywood producers and directors have followed that rule without fail for about 100 years, recently with tragic consequences on the...more

Sherman & Howard L.L.C.

No Employer Liability For The COVID-19 Death Of A Family Member

If an employee contracts COVID-19 at work and transmits the illness to a spouse, who then dies, is the employer liable? In Estate of William Madden v. Southwest Airlines, Co., the U.S. District Court for the District of...more

Parker Poe Adams & Bernstein LLP

New COVID-19 Lawsuits Allege Duty of Care to Employees' Household Members

A new wave of lawsuits is attempting to impose legal liability on companies whose alleged negligence resulted in an employee becoming infected with the COVID-19 virus and then passing the illness to a household member who...more

Jackson Lewis P.C.

The Year Ahead: Litigation Hot Spots at a Glance

Jackson Lewis P.C. on

With COVID-19 giving rise to a whole host of new claims ranging from issues surrounding remote work to tuition reimbursement as well as new developments in the area of sexual orientation and gender identity, employers need a...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

Baker Donelson

Directors and Officers: Key Considerations for Continued Response to COVID-19

Baker Donelson on

As COVID-19 cases spike in many jurisdictions throughout the Southeast, corporations are forced to quickly adapt to an ever-changing environment. Despite the need to act quickly, corporate boards must remain mindful of, and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Lifting the Lockdown: Returning to the Workplace Under the UK Government’s Recovery Plan and Safe Working Guidance

On 11 May 2020, the UK government published its COVID-19 Recovery Plan that sets out its proposal to exit the COVID-19 lockdown. Under the Recovery Plan, employees who can work from home should continue to do so, however...more

King & Spalding

COVID-19: Safeguarding the workforce in the UK

King & Spalding on

The unprecedented spread of the COVID-19, or coronavirus, outbreak around the world has resulted in many organisations in the UK facing continued challenges, raising several key business and legal considerations. One of the...more

Littler

Coronavirus (COVID-19) Guidance for Business Preparedness

Littler on

The novel coronavirus (COVID-19) has implications for multiple workplace concerns, including health and safety, leaves of absence, discrimination, and travel. Although the U.S. Centers for Disease Control (CDC) has been...more

Seyfarth Shaw LLP

Commission Guides Employers In How To Avoid Multi-Employer Worksite And “Controlling Employer” Liability

Seyfarth Shaw LLP on

Seyfarth Synopsis: Since it codified the Multi-Employer Worksite Doctrine twenty years ago, OSHA has routinely cited multiple employers at the same worksite for the same violations. ...more

Fisher Phillips

Legal Perspective on the Health, Safety & Security Responsibilities for US Mobile Workforce

Fisher Phillips on

Fisher & Phillips LLP attorneys are not only well equipped to assist employers in developing or updating safety and health management programs for employees working domestically, but can also assist employers who are sending...more

Bradley Arant Boult Cummings LLP

Contractor Assumes Non-Delegable Duty of Care for Safety of All Project Employees Through Standard Form Contract - Construction...

The construction industry’s use of standard form contracts (such as the AIA family of documents) is widespread and provides parties with consistent terms that govern their respective project obligations and the allocation of...more

Latham & Watkins LLP

Another Key Decision on Corporate Separateness – High Court Finds That There is No Arguable Case for Unilever to be Held Liable...

Latham & Watkins LLP on

In a recent decision, the High Court has ruled that Unilever plc (Unilever), the ultimate holding company of the Unilever Group, does not owe a duty of care to protect the employees and residents of a tea plantation owned and...more

Fisher Phillips

Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

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In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of...more

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