Violations Of CAL-OSHA Regulations Admissible In A Third Party Action

January 1, 2005

By: Edmund G. Farrell, III

The California Supreme court has issued its opinion in the long-awaited case of Elsner v. Uveges which examined the question of whether or not Cal-Osha violations are admissible in negligence actions against third parties. The court concluded that amendments to the Labor Code in 1999, permit such evidence in cases where the injury-causing event occured after January 1, 2000 and can be the basis of a negligence per se claim.

To read the full opinion please visit:
www.courtinfo.ca.gov/opinions/documents/S113799.PDF