January 28, 2020 / 10:09 PM / a month ago

Retailer can't blame contractor for construction accident, says D.C. Circuit

A U.S. appeals court on Tuesday rejected claims by a discount retailer in American Samoa that it was not liable for a construction accident that killed several workers because it reasonably relied on a contractor to safely operate a crane.

A unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said Manua’s Inc bore responsibility for the accident, in which a crane hit a power line and electrocuted the workers, because it had control over the construction site and its own employees were involved in the work. The court upheld a $35,000 penalty levied on Manua’s by the Occupational Safety and Health Administration (OSHA).

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