Injured Inmate May Collect From State

A recent Wisconsin Supreme Court decision correctly ruled that an inmate injured due the negligence of another inmate may collect damages. In a 4-3 decision, the Supreme Court upheld the appellate court and trial court in finding that "governmental immunity" did not extend to an inmate who disregarded the most basic rules dismantling horse stalls at Wisconsin State Fair Park.

The case delivers a blow to the oft-used and ever-extending scope of governmental immunity. In general, government employees are immune from negligence lawsuits if there actions were done in course and scope of their employment. However, this is not true if the act causing the negligence was "ministerial" in nature; meaning, the task was so specific and concrete that it does not require the use of discretion. Immunity also does not extend when the government employee acts in the facts of a "known danger".

Perhaps this decision will force governmental agencies and their attorneys to more readily consider settlement of smaller claims without protracted litigation. Whatever the effect, the Court seemingly made it clear that exceptions to governmental immunity are alive and well, and that cases against governmental entities may be more viable in the future.

If you or anyone you know has questions regarding an injury caused by a governmental agency, please contact the Warshafsky Law Firm to discuss your rights.

Aspergillosis Dangers at Hospital Construction Sites

Aspergillosis is a mold caused by decaying leaves, wood and other natural sources. The mold is common in everyday air and usually does not cause problems in healthy human beings. Aspergillosis is often referred to as Aspergillus and a variety of other common mold species.

While usually harmless, Aspergillus is extremely dangerous to those with compromised immune systems, including the elderly, sick, children and those suffering from asthmatic conditions. Aspergillus is found in large quantities at construction sites where dust and debris are disturbed and toxics are released into the air. Construction sites near the aforementioned susceptible people become breeding grounds for illness and death.

The Warshafsky Firm is unaware of any current lawsuits involving injured Wisconsin persons suffering from Aspergillosis or Aspergillus related illnesses. However, with major construction on-going at Columbia St. Marys and several Aurora sites, the probability of Aspergillosis or Aspergillus related illnesses substantially increases. If you or anyone you know has suffered a respiratory illness while at any area Hospital undergoing construction, please contact the Warshafsky Law Firm to discuss your rights.

We Energies Coal Dust Explosion Liability

At first blush, the 6 workers injured at the We Energies Oak Creek facility would be limited to Workers Compensation to collect for their injuries. However, often times workplace injuries are a result of negligence by so-called 3rd parties, meaning not the injured or the employer, but a 3rd party responsible for the injuries.

The We Energies explosion involves Waukesha based ThyssenKrupp Safway, a subcontractor providing scaffolding services. It also involves United States Fire Protection, a New Berlin firm that provides fire protection services. Injured workers may have possible claims against both companies depending on the exact contractor-subcontractor arrangements.

Coal dust explosions are often the result of negligent 3rd parties that are unfamiliar with the inherent dangers of coal dust. Everybody surrounding the We Energies site must use reasonable care in handling coal dust, and must also use reasonable care to warn of the risk associated of working around coal dust. What is "reasonable care" depends on many different factors, including opinions held by workplace experts.

The Warshafsky Law Firm has represented several workers over the past 50 years injured by coal dust explosions, recovering large sums of money to compensate for their critical injuries.