When it comes to apportioning fault involving serious crane accidents, there is "a new sheriff in town," thanks to the new crane safety rule issued by OSHA in 2010.
Kevin Cunningham, president of the construction division of the Houston International Insurance Group (HIIG), discusses in this presenation, brought to you by Crane & Rigging Hot Line, how OSHA's powerful new enforcement tools will impact liability allocations in future crane related accident litigation.
OSHA will soon have greater ability to apportion fault to any number of contractors on a jobsite where a major crane accident has occurred. No longer will the crane company be the only "target defendant," especially in cases where ground conditions or power line contact is a significant factor. Instead, OSHA will look elsewhere to make sure that any/all parties involved fulfilled their operational safety responsibilities under the new rule. Not only does this impact OSHA's investigation and enforcement methodology, it has a significant "ripple effect" in how future crane accidents are investigated for civil litigation.