Three Rescue Workers Killed at Utah Mine

[Wiregrass Willie]

I am not generally a big fan of personal injury lawyers. However, it is my fervent prayer that at least a hundred of that specie will descend on the owner of this mine and divide all his worldly belongings among themselves and the families of the men who have died or been injured in this disaster.

http://www.voanews.com/english/2007-08-17-voa9.cfm

Three workers have died in rescue operations for six missing coal miners in Utah.

Six other rescuers were injured, one critically, late Thursday at the Crandall Canyon Mine, near the town of Huntington. The rescue workers were digging to try to reach a group of miners trapped by a cave-in more than a week ago.

[RL3AO]

1. I know you guys hate bob, but these guys were rescue workers

and they new they were going into a collapsed mine. I don't see what a lawsuit would be.

[Perky]

3. I agree

They went in knowing the risk.....it is a huge tragedy for everyone involved. I mean they have to attempt to rescue the original 6 and yet that activity is in itsself very risky.


It is all very sad... ANd I don't blame anyone for any of this if the orginal cause was seismic activity.

[Wiregrass Willie]

4. That's a big IF

I don't think there were any earthquakes.

Why would any person endanger the lives of other men in the practice of "retreat mining" ?

The reason the practice is used is that it pays off: The last bit of coal taken from pillars is pure profit, Oppegard said. Plus, if someone violates rules during pillar removal and there is a collapse, the evidence of rule violations are gone, he said.

http://www.washingtonpost.com/wp-dyn/content/article/2007/08/06/AR2007080601257.html

[Kingshakabobo]

6. Danger invites rescue. It's a basic theory in common law.

If Murray is found to be responsible for the original collapse, he is responsible for the rescuers deaths as well as the miner's deaths - unless the rescuers are shown to be negligent in THEIR actions.

And it's looking more and more like there wasn't any "earthquake." The mine was over-mined using dangerous "retreat mining," otherwise known as "cowboy mining." An official was quoted saying “I don’t think I’m going too far to say that this mountain is collapsing in slow motion.”

http://en.wikipedia.org/wiki/Rescue_doctrine
The rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim. This doctrine was originally created in case law by Wagner v. International Railway, 232 N.Y. 176 (1926), in which Justice Cardozo stated "Danger invites rescue...The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had."

Essentially it means that the rescuer can recover for damages from a defendant when they are injured rescuing someone. The defendant is usually negligent in causing the accident to occur. Other cases have occurred where the plaintiff is injured rescuing the defendant and is able to collect damages.

In Wagner v. International Railway, riders on defendant's trains were allowed to walk between cars while the train was moving. In one incident, a rider fell through the cars. Plaintiff, trying to help the fallen rider, was injured himself. The court found the defendant liable because of negligence to allow riders to walk between cars while the train was moving.

Essentially, in its pure form the Rescue Doctrine boils down to 4 main elements - all of which must be met in order to bring it to bear for the person asserting its privilege.

1) There must be peril or the appearance of peril to a third party, caused by the defendant.

2) That peril or appearance of peril must be imminent

3) A reasonable person would recognize the peril or appearance of peril and the plaintiff must also have actually recognized it.

4) The plaintiff must have exercised reasonable care in effecting the rescue

Retrieved from "http://en.wikipedia.org/wiki/Rescue_doctrine"

[Kolesar]

2. I'm with you, Willie

Here's a headline thread in the latest breaking news forum http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2957386 :hi:

[HiFructosePronSyrup]

5. I'm not surprised.

We've got Monty Burns and H.I. McDunnough leading this screwball operation. I can't believe there isn't some sort of official government body in charge of this mess.