Lawwly

Teal v. E.I. DuPont de Nemours & Co.

United States Court of Appeals for the Sixth Circuit

728 F.2d 799 (6th Cir. 1984)

Relevant factsFree

Richard Teal (plaintiff), an employee of an independent contractor, Daniel Construction, was working at a DuPont (defendant) plant dismantling equipment above a pit accessible only by a wall-mounted ladder, and he fell from that ladder to the pit floor. The ladder did not meet an OSHA regulation requiring at least seven inches of clearance between a ladder and the wall. Teal sued DuPont for negligence and requested a jury instruction on negligence per se based on the OSHA violation, but the district court refused to give the instruction, and the jury found for DuPont; Teal appealed.

IssueFree

Whether the employees of an independent contractor are within the class of persons OSHA regulations are intended to protect, entitling them to a negligence-per-se instruction based on a violation of those regulations.

Unlock the full brief

Free accounts read 20 full briefs. No card required.