1/29/2016· OSHA
Use of OSHA as Standard of Care in Negligence Cases-Expert Safety Witness Role
By: Greg Gerganoff
When personal injury events occur legal negligence actions may arise. Common law negligence is established by plaintiff showing defendant owed plaintiff a legal duty, to conform to a standard of care, defendant breached that duty, plaintiff suffered injury and there is a causal relationship between the breach and injury. FN 1 But what sources of standard of care proofs are available? How does a litigant go about proving standard of care?