Following a contested liability trial, Horwitz Law, PLLC has won a negligence judgment against the State of Tennessee arising from a hand injury that Riverbend inmate worker Leonard Smith suffered while operating an auger. “[I]f the State employs inmates to perform work, it owes a duty of care to validate whether an inmate is qualified to operate the machinery or receives adequate training[,]” the Claims Commissioner ruled. Here, “[t]he State breached the duty of care by either allowing Smith to assist with the operation of the auger and/or failing to validate whether Smith was qualified to operate the auger.” Thus, the State was found liable for Mr. Smith’s injuries.
“Tennessee’s prisons and jails owe a duty of care to the people they incarcerate, and they have an affirmative obligation to ensure that inmate workers enjoy safe working conditions,” said Horwitz Law, PLLC principal Daniel A. Horwitz, Mr. Smith’s lead counsel. “This case should serve as a warning that failing to train inmate workers and failing to provide them appropriate personal protective equipment can carry significant financial consequences.”
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Horwitz Law, PLLC represents victims who have suffered serious injuries as a result of criminal and other misconduct in Tennessee. If you would like to purchase a consultation, you can do using the form below.