TorteDeForm

Kia Franklin

Caselaw of the Supreme Corp. Variety

Thanks to Personal Injury and Social Security Blog for pointing readers in the direction of this Houston Chronicle editorial. The article discusses a recent Texas Supreme Corp.--er, Court-- decision that will allow a company to call itself a contractor, say that it has contracted with itself, and thus shield itself from liability for workplace injuries.

Come again?

A company can deem itself a contracting party with itself and thus be shielded from liability for negligence or injuries to workers.

If this still doesn't make sense, it's okay, it's not you. It makes even less sense in reality than it does on paper.

The Chronicle discusses the implications of this decision:

Had the Texas Supreme Court's ruling come earlier, the victims of the BP explosion in Texas City and their families might not have been been able to sue for damages, regardless of BP's dangerous and careless practices. Henceforth, negligent and unsafe plant owners can call themselves contractors and, by purchasing worker's comp, shield themselves from liability for workplace injuries no matter how egregious their conduct.

Making the workplace safe for reckless abandon is not the direction Texas should take. The Legislature, at its first opportunity, should make that crystal clear to the high court. (Read the full article)

Kia Franklin: Author Bio | Other Posts
Posted at 11:13 AM, Sep 20, 2007 in Liability Immunity
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Comments

Kia: "Supreme Corp," how is that lawyerly?

Posted by: Supremacy Claus | September 20, 2007 11:30 PM

Haha. Who said I was lawyerly?

Posted by: Kia | September 21, 2007 12:15 PM