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Originally Posted by ShaniFaye
I know this is kind off topic....but I have to comment on the baler incident.
As the person responsible for all safety issues at our facility, this is totally appalling. When I went thru safety admin training I had to was several "baler incident" videos....each of them more gut wrenching that the previous one. I dont care if the baler malfunctioned or not....joking around with this type of machinery is just totally unacceptable. No way if I'd been on that jury would this guy have gotten off if I'd had anything to do with it.
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As someone who sees the direct results of lots and lots of industrial products who may or may not malfunction, I completely agree. All the parties ended up agreeing that the senior operator (and therefore the employer) had a good share of contributory negligence. Apparently the intent was to start the machine and immediately stop it again. From what I've heard (although I have no real proof) OSHA now uses this accident as an example for why you don't play jokes with heavy machinery. The operator was fired immediately after the accident for violating the "no horseplay" rule, and apparently he tried to commit suicide shortly thereafter.
I'm not as privy to the criminal history of this account as I am the civil side, but I do know that criminal defender argued that this was an unforeseeable accident. I recall something about the senio operator having done this several times with the guy that held the job before - apparently they would lock each other in and generally screw around. Apparently this was hazing of the new guy, and the machine didn't perform the way it had in the past.
My example isn't bulletproof, unfortunately. The 911 operator used her best professional judgement on the call, and she was wrong. Maybe she was frustrated, maybe it was a bad day, maybe she was distracted - regardless, she made the wrong decision, but that's a decision that she's paid to make. In my example, the senior machine operator was doing something well outside the scope of his employment, but the 911 operator was doing exactly what she was supposed to be doing. Unfortunately, she didn't believe that the kid wasn't screwing around or try to clarify his needs. I think she (and therefore the city) are civilly liable, but I can't see how she's criminally liable for doing her job, albeit incorrectly. I'm sorry the woman died, but no crime was committed. If you guys can't see that, well... *shrug*