Worker Injury Third Party Cases: Recognizing and Proving Liability

by Vincent A. Gallagher

Overview

Worker Injury Third Party Cases: Recognizing and Proving Liability is meant to be a practical resource to help lawyers and others identify viable third party theories of liability in worker injury cases. It helps attorneys make what is perhaps their most important economic decision – knowing when to accept and when to reject a new case. It serves as a practical resource by providing many lists of discovery requests and questions for deposition and cross examination of defendants and experts which can be of use in a wide variety of worker injury cases.

Product Details

ISBN-13:	9781598889093
Publisher:	Bernan Press
Publication date:	06/22/2017
Sold by:	Barnes & Noble
Format:	eBook
Pages:	250
File size:	3 MB

About the Author

Vince Gallagher is an OSHA safety expert with 27 years of experience in applying principles and practices of injury prevention in the workplace. As a former OSHA official, he has performed nearly 800 OSHA inspections and over 1,000 safety evaluations of industrial products. He has lectured as an instructor or assistant adjunct professor at several universities. Mr. Gallagher holds a masters of arts in occupational safety and health.

Table of Contents

Part I – Principles and Practices of Safety Management
Chapter 1Common Theories of Liability
Chapter 2Principles of Safety Management
Chapter 3Fundamental Elements of an Occupational Safety and Health Program
Part II – Construction Injury Cases
Chapter 4Understanding Causation in Construction Cases
Chapter 5Evaluating the Conduct of the General Contractor/Construction Manager – Standard of Care
Chapter 6Epidemiology of Fatal Falls From Elevation in the Construction Industry
Chapter 7Falls from Elevation – Residential Construction
Chapter 8Falls from Scaffolds, Ladders and Others
Chapter 9Falls During Steel Erection
Chapter 10Trenching and Excavation Hazards
Chapter 11Demolition Hazards
Chapter 12Injuries Involving Forklift Trucks
Chapter 13Public Safety in Construction
Part III – Construction Owner/Premise Cases – Standard of Care
Chapter 14Construction Project Owner
Chapter 15Premise Owner/Host Employer – Standard of Care
Part IV – Products Cases – Standard of Care
Chapter 16Product Safety Management Programs
Part V – Other Important Topics
Chapter 17Standards for Hiring of Safe Contractors
Chapter 18The Uses of OSHA
Chapter 19Evaluation of the Role of the Employer
Chapter 20Evaluation of the Role of the Injured Worker
Chapter 21Challenging The Expert – Qualifications and Method of Evaluation
Chapter 22Working With Your Expert
Attachments
Appendix ASafety Management Standards in Construction
Appendix BSafety and Health Program for Small Business
Appendix COSHA Construction Industry Training Requirements
Appendix DConstruction Users Roundtable – Membership
Appendix EContractor Safety Evaluation Questionnaire
Appendix FOSHA – Multi-Employer Citation Policy

What People are Saying About This

From the Publisher

“For any attorney prosecuting or defending worker injury third-party cases, this new book is a must read.    The book lays out in well-defined chapters, the common theories of liability against the general contractor, the construction manager, the construction project owner and the premises owner.  Mr. Gallagher reviews the most common worker injury scenarios including falls from elevation, scaffolds and ladders, injuries due to trenching and excavation, demolition, and forklift trucks.  The book includes sample deposition questions for construction employees as well as questions when deposing expert witnesses.    Most importantly, the book reviews the most common OSHA regulations and how they can be used to prove a breach of the standard of care and causation.    This book is a must for everyone’s trial library.” Bruce H. Stern, Esq. Shareholder Certified by the Supreme Court of New Jersey as a Civil Trial Attorney Stark and Stark – Attorneys at Law "Vince Gallagher takes a life time of safety and puts it into a book of superior knowledge and insight into work place safety issues, that will be a very usable reference by the newbie to Work Place Injury Litigation and the seasoned trial lawyer as well.  Vince for decades has been my go to safety expert on Work Place issues and now, thanks to his book,  I have his knowledge sitting on my desk all the time as the first place to turn for liability theories and themes on incoming cases. "  Michael Maggiano Fellow American College of Trial Lawyers Advocate Member of ABOTA Past President of NJAJ Certified Civil Trial Attorney by the Supreme Court of New Jersey and the National Board of Trial Advocacy “Worker Injury Third Party Cases by Vincent Gallagher is a straightforward and comprehensive guide to liability issues presented by third party construction injury cases. Mr. Gallagher provides a detailed explanation of construction safety concepts, practices, and resources as well as a roadmap to establishing liability for various safety failure scenarios. This is a resource which should be in the toolkit of any lawyer who handles these matters.” Michael G. Donahue, Esq. Managing Shareholder Certified by the Supreme Court of New Jersey as a Civil Trial Attorney Stark and Stark – Attorneys at Law