Negligent Mine Inspectors Can Be Sued

Private and federal mine safety inspectors can be held liable and sued when a negligent inspection results in the wrongful death of a coal miner, the West Virginia Supreme Court ruled in handing a victory to the widows of two men killed in 2006.

The unanimous ruling said inspectors owe “a duty of care” to workers who count on them to do their jobs “with ordinary skill, care, and diligence” expected by members of their profession. Inspectors, the ruling said, know that negligence is likely to result in foreseeable harm to miners.

For the widows of Don Israel Bragg and Ellery Elvis Hatfield, the ruling is a victory in a continuing battle against those behind the January 2006 fire at Massey Energy’s Aracoma Coal Co. Alma No. 1 mine in Logan County. They accused mine inspectors of negligence, arguing that those who’d failed to do their jobs before the fire should be held liable under state law.