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<p>The OSHA investigation has nothing to do with the possible liability in a civil suit for negligence. OSHA may fine Yale and require changes in procedures but liability in court is unrelated to any OSHA findings. </p>
<p>Although I am not specialized in tort law, even a first year law school student could recite the standard for negligence that would apply in a case such as this. Five elements will need to be proven by a preponderance of the evidence to establish liability. </p>
<p>Duty of care: Did Yale have a duty of care for the safety of this student? This is clearly the case. The machine shop was in a university building supervised by university personnel. </p>
<p>Breach of duty: Did Yale breach their duty of care in this instance? This is a more difficult point. If trained personnel is always present during normal hours, is the absence of such personnel at night a breach of Yale’s duty of care. Yale does not need to have knowingly acted to endanger the safety of the student and may very well have believed their safety policies were reasonable. But that is irrelevant. The test is an objective test. If a reasonable person could conclude that the risks attached to an unsupervised machine shop operation were substantial then Yale would have breached their duty of care. This would most likely involve outside safety experts who would testify. Policies at other similar facilities may be relevant, especially if many forbid operation by unsupervised students. The key issue is whether the danger was foreseeable. </p>
<p>Direct Cause: Did Yale’s actions or inaction (or omissions) cause or contribute to the death of student. This is a “but-for” argument, i.e. but for the absence of supervisory personnel, the student would not have died. Generally, equipment such as lathes have remote kill switches which can activated within seconds of an accident. If as the coroner’s initial report is confirmed that the student was strangled by her own hair as opposed to instantly killed, then most likely shutting power to the equipment could have prevented her death. This will be a factual determination. </p>
<p>Proximate cause: Sometimes accidents can simply not be foreseen in which case it may not be possible to set up any preventive measures. This is not the case here where the equipment was known to be dangerous and accidents with lathes are relatively common. </p>
<p>Damages: Here the damages are obvious. </p>
<p>The extent to which the student’s negligence contributed to the accident may affect the amount of potential damages, not necessarily actual liability. Under Connecticut law, even if Yale and the student are found to share 50/50 in the responsibility for the accident, Yale is still liable although the recovery will be less than if the accident had been entirely Yale’s fault.</p>
<p>If a negligence case is brought by the family of the victim against Yale (which is highly likely), it will most likely be settled out of court, because of the high potential for negative publicity. Any settlement will be costly but universities typically have insurance for such events. Safety procedures will also be revised. I predict unsupervised nighttime operation will be forbidden. They key supervisor for the facility should also be fired.</p>