Reinig & Barber (509) 735-0535

Washington State Courts impose strict liability for injuries caused by ultrahazardous activities.  Firework injuries and blasting activities are two of these kinds of activities.   

In Klein v Pyrodyne Corporation, the Washington Supreme Court reiterated the long held conclusion that “parties detonating dynamite are strictly liable for the damages caused by such blasting.”  Klein v Pyrodyne Corporation, 117 Wash.2d 1, 801 P.2d 917 (1991).  This Court made reference to the multiple Washington decisions stating that detonating dynamite is subject to strict liability.  Id. citing Foster v Preston Mill Co., 44 Wash.2d 440 (1954);  Bringle v. Lloyd, 13 Wash.App 844 (1975); Erickson Paving Co v Yardley Drilling Co., 7 Wash.App. 681 (1972). 

Injuries caused by ultrahazardous activities are subject to strict liability which means that the responsible party is responsible for all damages caused.  Negligence need not be proven.

The tax code section reads specifically: “Section 104(a)(2) excludes from gross income the amount of any damages received (whether by suit or agreement) on account of personal injuries or sickness. The term “damages received (whether by suit or agreement)” means an amount received (other than workmen’s compensation) through prosecution of a legal suit or action based upon tort or tort type rights, or through a settlement agreement entered into in lieu of such prosecution.”

You or your doctor may note that your workers compensation/L&I injuries may have been caused by a third party.  Examples of third parties include a contractor on a sub contracted job; the manufacturer of a defective product; the driver of an automobile not employed by your employer.

Just because you were injured on the job, doesn’t mean that you are only entitled to L&I benefits.  Although you generally cannot sue your employer in Washington, if you were injured by a third party you may be entitled to benefits beyond what L&I covers.  You may be entitled to pain and suffering, general damages, future wage loss, etc.

If L&I believes that you may have been injured by a third party’s negligence they will send you a Third Party Election Form.  You are entitled to choose whatever attorney that you want.  You do not have to elect to have a special assistant attorney general represent you.

Reinig, Barber & Henry is experienced in the area of third party L&I.  We understand the claims system and how to work with L&I to help decrease subrogation and offsets. 

An article in the New York Times sheds some light on why there is a growing occurrence of nursing home neglect and injuries. 

 Investors are coming into many nursing homes and cutting costs, which of course means cutting staff, technology and help.  One victim stated “They’ve created a hellhole,” said Vivian Hewitt, who sued Habana in 2004 when her mother died after a large bedsore became infected by feces.

This article states:

The typical nursing home acquired by a large investment company before 2006 scored worse than national rates in 12 of 14 indicators that regulators use to track ailments of long-term residents. Those ailments include bedsores and easily preventable infections, as well as the need to be restrained. Before they were acquired by private investors, many of those homes scored at or above national averages in similar measurements.  http://www.nytimes.com/2007/09/23/business/23nursing.html

 There continues to be many instances of neglect in Eastern Washington, Tri-Cities, Walla Walla, Spokane and surrounding areas’ nursing homes. 

In a recent article in a trial magazine, the authors describe emergency rooms as “chrnoically understaffed, overworked, and lacking in medical teams with experience in treating victims of trauma.  Patients who urgently need competent medical care may suffer disastrous consequences.”

Emergency room physicians may be liable for failing to appreciate the seriousness of trauma and call surgeons in a timely manner.  Surgeons may be liable for failing to respond to the call within hospital mandated time limits, for completing repairs negligently, or for failing to provie proper post operative care.   Making the Trauma case:  James Bartimus and Anthony DeWitt