Critical Mine Report Could Lead to More Wrongful Death Lawsuits

Rick is a Virginia injury attorney who handles car accidents, medical malpractice, FELA, wrongful death, etc.

5/20/2011
Richard N. Shapiro
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Critical Mine Report Could Lead to More Wrongful Death Lawsuits

The number of wrongful death lawsuits brought against the owners of a West Virginia (WV) mine more than a year after an explosion that killed 29 miners has climbed to 13. Now legal experts say the number of wrongful death claims could increase further, in the wake of this week's critical independent report into the safety record of the mine owners, Massey Energy Company, the Wall Street Journal has reported.

A report by J. Davitt McAteer, a former federal mine regulator, criticized Massey for "frequently and knowingly violating the law and blatantly disregarding known safety practices," including failing to deal with explosive coal dust present in the mine, according to the newspaper. Families of the dead miners are suing under West Virginia's wrongful death statute. The relevant provisions mandate a showing that an employer acted with "deliberate intention" by knowingly and intentionally exposing a worker to unsafe conditions that led to death.

"This report would go a long way to helping the plaintiffs establish deliberate intent," Robert Bastress, a law professor at West Virginia University in Morgantown, told the Journal. More than a year ago the deadly explosion blasted through more than two miles of the West Virginia (WV) mine. It was the most serious U.S. coal mining accident in 40 years in terms of number of people killed, and it led to moves to improve federal mine-safety laws.

In April our experienced VA wrongful death attorneys detailed how 10 lawsuits had been brought in the wake of this terrible tragedy. The families in the West Virginia wrongful death lawsuits claim the Upper Big Branch Mine was run in a reckless and unsafe manner. It makes claims there were violations of federal regulation criminal negligence, and possibly even bribery of regulators.

Notwithstanding the seriousness of the allegations the current Massey chairman has described the tragedy as a "natural disaster." The McAteer report is likely to pile the pressure on the company and lead to more WV wrongful death lawsuits. Legal experts also said the report could even make it more difficult for Massey to reach settlements with families who have yet to sue.

Massey said eight families will accept $3 million settlements. That would leave a further eight who have not filed a lawsuit nor agreed to settle.

As experienced Virginia personal injury and wrongful death attorneys we have fought many cases linked to workplace safety. We recently won an $8.6 million jury verdict on behalf of a railroad worker who died of lung cancer after being exposed to carcinogens on the job.

Category: Wrongful Death

Labels: accident attorneys coal Death dust explosion injury killed lawsuit lawyers Massey McAteer mine miners personal report Shapiro VA Virginia wrongful wv

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have experience handling wrongful death cases. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if your family member or loved one was killed as a result of someone else's carelessness.

Rick Shapiro and James Lewis have been named to the National Million Dollar Advocates Form since 2009 and listed among the Best Lawyers in America since 2008. Shapiro and Lewis have also been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor. In addition, ours was the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms.

Our VA personal injury firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

While not every injury case meets our criteria, we offer free initial confidential case consultations, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.

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Critical Mine Report Could Lead to More Wrongful Death Lawsuits

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