The 2011 NASP Annual Conference: Subro Magic will be held in Orlando, Florida. There are 72 sessions being offered and 3 of our attorneys are presenting. Leslie Hurburt will be speaking on LOTO, Erick Kirker will be speaking on CPVC pipe and fitting failures, and Phil Carroll will be speaking on the Subro College panel.
-"From Interlocked Guards to Failure to Warn; Critical Components to Consider When Proving Your Worker's Compensation Subrogation Products Liability Claim"-Defense lawyers often look to lock out/tag out (LOTO) and warnings defenses to defend product liability claims. This presentation will discuss how OSHA has interpreted the LOTO standard and when it is not required if a machine is properly guarded during the servicing and maintenance process including how interlocked guards may be used as an alternative and effective method of preventing workplace injuries. The presentation will also highlight the factual elements required to prosecute a successful failure to warn claim including establishing constructive knowledge of a danger, proving ordinary consumers may not recognize potential risks and what are considered adequate warnings. Potential defenses including sophisticated user, federal preemption and comparative fault will also be discussed.
-Plumbing Fitting Failures...Got Bad Brass?-As the residential plumbing industry has advanced, sometimes the parts are left behind. This presentation will be led by two subrogation professionals with great experience in the field of residential plumbing fitting failures. The presentation will focus on the practical steps that should be taken to litigate large and small cases against the manufacturers of the failed parts. Specific attention will be paid to the science behind metal formation and why seemingly competent brass fittings are failing in homeowners’ walls.
Phil Carroll
Leslie Hurlburt
Erick Kirker