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Author Topic: From my blog...  (Read 2064 times)

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Offline Bakes

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From my blog...
« on: September 19, 2008, 01:06:57 AM »
You just can't make this stuff up...

 
"The work was being performed in a room eight by ten feet in area, in which there was a gas heater then lighted with an open flame. The cleaning was being done with gasolene. The testimony yields the unique circumstance that the immediate activating cause of a resultant explosion was the escape of a rat from the machine, and its disappointing attempt to seek sanctuary beneath the heater whereat it overexposed itself and its impregnated coat, and returned in haste and flames to its original hideout. Even though such be a fact, it is not a controlling fact, and serves chiefly to ratify the conclusion that the room was permeated with gasolene vapors. Negligence would be predicated of the juxtaposition of the gasolene and the open flame" 
        - United Novelty Co. v. Daniels, 42 So.2d 395 (Miss. 1949)


So the story goes that this fella was cleaning coin operated machines in a small (8x10) room in which there was an open flame, used ostensibly for heating...so far so good.  This genius however, was using gasoline as a cleaning solution.  Gas...open flame... shouldn't be too hard to see where this is going. 

Well, it turns out that a rat made his home under one of these machines... and the room being so small, the fumes from the gasoline soon permeated the air.  Overcome by the fumes, the rat bolted from it's hideout... and as the Mississippi Supreme Court justice so adroitly put it...made "it's disappointing attempt to seek sanctuary beneath the heater".  Apparently the rat's fur was saturated with gasoline fumes, and quickly burst into flames when it got close to the heater.  Panicked, our poor rodent friend thusly returned to the only safe haven it knew... the same coin-operated machine where our genius friend was hard at work with the gasoline.  And thus commenced the inferno and subsequent explosion which ultimately cost both our protagonists their lives.

The kid was relatively young, so I suppose I shouldn't be too harsh, but c'mon.  At any rate his employer was found liable (despite their claim that the deceased was warned against using gasoline as a cleaner), not for NOT having safety measures in place... but for not enforcing the same.

Gotta love it... these are the people who keep us employed.

Offline dinho

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Re: From my blog...
« Reply #1 on: September 19, 2008, 09:39:58 AM »
..... and the point of this being ???
         

Offline WestCoast

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Re: From my blog...
« Reply #2 on: September 19, 2008, 09:47:24 AM »
de best part is "RATify" :P
Whatever you do, do it to the purpose; do it thoroughly, not superficially. Go to the bottom of things. Any thing half done, or half known, is in my mind, neither done nor known at all. Nay, worse, for it often misleads.
Lord Chesterfield
(1694 - 1773)

Offline fishs

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Re: From my blog...
« Reply #3 on: September 19, 2008, 11:37:57 AM »


 Jus drink ah half bottle of wine buh leh mih comment.
We have ah ting we dose do called Root Cause Analysis for accidents, so we will classify this a Rat cause analysis.

 Immediate Cause :  Combustible Rat

  Immediate Cause : Worker using flammable materiels

 Immediate Cause : Open flame

 Contributing factors : Mobile Rat

 Contributing factor : Coin machines and Rat wrong room.

 Contributing Factor : Gas brain worker.

Root Cause : Boss too cheap to pay for vermin control

Root Cause : Boss too cheap to install electric heat.

Root Cause : Boss to cheap to take machine out of room to clean.

Corrective action : Jail Boss ass and take all his money
Ah want de woman on de bass

Offline Bakes

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Re: From my blog...
« Reply #4 on: September 19, 2008, 12:13:08 PM »
..... and the point of this being ???

Seek the point of your post ^^^ and you'll find your answer.

----------------------

fishs... dis was 1949 dred, dem di'n know about all dem tings den, lol

Offline fishs

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Re: From my blog...
« Reply #5 on: September 19, 2008, 12:27:10 PM »
..... and the point of this being ???

Seek the point of your post ^^^ and you'll find your answer.

----------------------

fishs... dis was 1949 dred, dem di'n know about all dem tings den, lol

Ah jus had ah hard day, no lunch because is Ramazan (note not Ramadan), get back to the hotel , squirm an eat another Kebab, ask fuh ah bottle of wine , get all kinda unbelievar looks, wolf down half bottle , run to mih room , shower an hustle to check out the forum before ah pass out so excuse mih fuh not reading the credits.
Shit it is quite remarkaable ah could stll type this.  ;D ;D :beermug:
Ah want de woman on de bass

Offline Bakes

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Re: From my blog...
« Reply #6 on: September 19, 2008, 12:35:24 PM »
..... and the point of this being ???

Seek the point of your post ^^^ and you'll find your answer.

----------------------

fishs... dis was 1949 dred, dem di'n know about all dem tings den, lol

Ah jus had ah hard day, no lunch because is Ramazan (note not Ramadan), get back to the hotel , squirm an eat another Kebab, ask fuh ah bottle of wine , get all kinda unbelievar looks, wolf down half bottle , run to mih room , shower an hustle to check out the forum before ah pass out so excuse mih fuh not reading the credits.
Shit it is quite remarkaable ah could stll type this.  ;D ;D :beermug:

Lol, nah is no scenes.  But actually your analysis wasn't too far off what the judge and dem was reasoning deyself. 

My only thing is, de employers claim they tell de yute (he was 19) time and time again not tuh use gas tuh clean de machines.  True dey coulda juss been saying dat... de judge and dem even say it had no proof that they ever warned him.  In de end dey say even if they believe dem, a warning not enough... dey was supposed tuh have measures in place to ensure dat he didn't use it. 

Not sure I woulda go dat far.

Offline fishs

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Re: From my blog...
« Reply #7 on: September 19, 2008, 01:07:31 PM »
..... and the point of this being ???

Seek the point of your post ^^^ and you'll find your answer.

----------------------

fishs... dis was 1949 dred, dem di'n know about all dem tings den, lol

Ah jus had ah hard day, no lunch because is Ramazan (note not Ramadan), get back to the hotel , squirm an eat another Kebab, ask fuh ah bottle of wine , get all kinda unbelievar looks, wolf down half bottle , run to mih room , shower an hustle to check out the forum before ah pass out so excuse mih fuh not reading the credits.
Shit it is quite remarkaable ah could stll type this.  ;D ;D :beermug:

Lol, nah is no scenes.  But actually your analysis wasn't too far off what the judge and dem was reasoning deyself. 

My only thing is, de employers claim they tell de yute (he was 19) time and time again not tuh use gas tuh clean de machines.  True dey coulda juss been saying dat... de judge and dem even say it had no proof that they ever warned him.  In de end dey say even if they believe dem, a warning not enough... dey was supposed tuh have measures in place to ensure dat he didn't use it. 

Not sure I woulda go dat far.

Actually with the way OSHA is written now an employer have to almost prove that the worker committed a deliberate premeditated act for the employer to be absolved.
For instance if this case was now, the gasoline should be in a designated place that is safe to store it and have preventative safe guards etc.
The worker should have been given a safety briefing identifying all the hazards of the job he was baout to do etc.
Most small businesses still don't comply to the basic rules but unlike TT in the States there is a high level of enforcement.
I was in Manhattan last year when the tower crane collapsed and killed about 5 people but what I found to be instructive was that inspectors had given the OWNER not the contractor 39 citations that were low level and had a time limit to correct. Imagine New York and how big it is and all of the construction work amongst other type of work that is covered by OSHA and in 6 mths the inspectors had coverage over this relatively small site,
I'm rambling abit ( wine withdrawal) but employers have to take ultimate responsibility for the welfare, health and safety  of workers in the workplace and enforcement is the role of the state and courts.

 ;D ;D Ah keep surprising mihself . Call mih ah rumbo but I does get sublime and slurlyrical.
Ah want de woman on de bass

Offline Bakes

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Re: From my blog...
« Reply #8 on: September 19, 2008, 01:19:37 PM »
De rum wake up de thinking part ah yuh brain man, lol


I think there definitely woulda been an easier finding of liabilty on the part of the employers today... gasoline is flammable and like yuh say it shouldn't be sitting out just any and anywhere. If it wasn't sitting arung, how it get on the premises?  What kinda lax security would allown an employee to come on site with gas?

Then the open flame thing... sure fire hazard... might even be strict liability on that...meaning you can't even offer a defense that the court would be willing to listen to.  If not that, the a doctrine called Res Ipsa Loquitor ("the thing speaks for itself") would control...meaning the very fact that you had an open flame in the building, and building burn down that speaks for itself... what legal defense could you possibly be offering fuh dat.

Back den doh, safety and all dat was juss so primitively dealt with... employers didn't care about dem kinda things.  Workers rights... wha'iz dat?

This is one of mih favorite cases though... only because it so funny and serendipitous at the same time.  Funny because the sight of the poor rat running out and seeking cover in de worst possible place... then running back.  I could only imagine what was going thru pardna mind when he see de burning rat headed towards him with all this gas around him, lol.

Serendipitous because... what are the chances? if this was in a movie nuff man would dismiss it as shit... yet it really happened.  What a messed up way to die doh...lol.
« Last Edit: September 19, 2008, 01:21:24 PM by Bake n Shark »

Offline asylumseeker

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Re: From my blog...
« Reply #9 on: September 19, 2008, 09:24:35 PM »
Check this one out:

Federal Judge Turns Ordinance Dispute into “Soap” Opera

In 1973, the Fifth Circuit struck down a Dade County detergent labeling ordinance, finding that the ordinance, intended to reduce pollution from ingredients found in household detergents, was preempted by the Federal Hazardous Substance Labeling Act. Chief Judge John Brown concurred, in a delightful fashion that managed to work in the brand names of just about every detergent product available. Here’s a taste:

As Proctor of this dispute … the Court holds that Congress has specifically preempted regulatory action by Dade County. Clearly, the decision represents a Gamble since we risk a Cascade of criticism from an increasing Tide of ecology-minded citizens. Yet, a contrary decision would most likely have precipitated a Niagara of complaints from an industry which justifiably seeks uniformity in the laws with which it must comply. Inspired by the legendary valor of Ajax, who withstood Hector's lance, we have Boldly chosen the course of uniformity in reversing the lower Court's decision upholding Dade County's local labeling laws. And, having done so, we are Cheered by the thought that striking down the regulation by the local jurisdiction does not create a void which is detrimental to consumers ….

… And so we hold. This is all that need be said. It is as plain as Mr. Clean the proper Action is that the Dade County Ordinance must be superseded, as All comes out in the wash.

— Chemical Specialties Mfrs. Ass’n v. Clark, 482 F.2d 325 (5th Cir. 1973).
« Last Edit: September 20, 2008, 12:01:43 PM by asylumseeker »

Offline Bakes

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Re: From my blog...
« Reply #10 on: September 20, 2008, 12:52:39 PM »
Lol...good one dey.  Lemme come tuh find out yuh still have Lexis access  ;)

Ah was looking fuh dis one, an NYC case where ah taxi driver get he neck lock and mash ah hardbrakes tuh throw off de fella in de backseat.  When de car jerk he open de door and bounce, but de car keep rolling and run down some people on ah sidewalk...

de opinion of one of the judges was classic as he argued dat de driver acted reasonably and that it was unfair to call him ah coward when most would do the same.  Not so much his reasoning... but de flowery language.

Cyah find de blasted thing...

 

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