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Guy Peck II Died In Elmira Heights In Workplace Accident After Becoming Trapped In Silo

Guy Peck, 60, of Waverly, Died In Elmira Heights Accident At Anchor Glass After Becoming Trapped In Silo Containing Lime Powder

Guy Peck II Died In Elmira Heights In Workplace Accident After Becoming Trapped In Silo

ELMIRA HEIGHTS, NEW YORK (February 1, 2022) – A man identified as Guy Peck II has tragically died in an accident at Anchor Glass after becoming trapped in a silo.

Chemung County police officials are saying that the accident took place around 6:00 p.m. on Sunday, January 30th. Guy Peck II entered a silo containing lime powder and somehow became trapped inside.

The worker noticed some problem with the silo before becoming trapped. Numerous employees at Anchor Glass immediately began attempts to free Guy Peck II. Sadly, those attempts were not successful.

Firefighters and paramedics were called to the scene of the accident in order to help the victim. Guy Peck II was eventually freed from the silo, but he was beyond medical aid. He was pronounced dead at the scene by the Chemung County Medical Examiner’s Office.

The Chemung County Sheriff’s Office is working with OSHA investigators to determine how the accident took place.

Liability In Elmira Heights Workplace Accidents

Thousands of people are injured in industrial accidents every year. According to one report from Briotix Health, nearly 2.9 million non-fatal injuries were attributed to industrial accidents in 2017 alone. Manufacturing plants, in particular, have a number of hazards that could potentially injure workers. This includes heavy machinery that requires specialized training to operate.  There are a number of factors that could potentially contribute to a workplace accident including:

  • Crowded or cluttered work spaces.
  • Stress that can make workers distracted.
  • Broken or damaged equipment.
  • Inadequate worker training.

Though rare, around 2.5% of all workplace deaths involve accidental entrapments. One instance of this occured at a tuna processing plant in 2012. A worker died after becoming accidentally trapped in an industrial oven at Bumble Bee Foods in California. When a worker is injured or killed on the job in New York, they or their family will typically have recourse through the worker’s compensation system. This is a no-fault system and negligence does not need to be established. Depending on the specific facts of any case, an employer could potentially be liable for a workplace accident.

  • New York Labor Law § 200: This statute is a codification of an employer’s general responsibility  to maintain their work environment in a reasonably safe condition. Per the text of the statute, “All places to which this chapter applies shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places.” When an employer fails to maintain their environment in a reasonably  safe condition, they could be liable through a civil claim.
  • New York Labor Law § 240: Building owners and general contractors are held strictly liable for all gravity related accidents. This includes instances when a worker falls or is struck by a falling object.
  •  New York Labor Law § 241(6): This statute creates a non-delegable duty for all corporations engaged in construction, demolition, and excavation. These companies must follow all industrial codes for the safety of their workers. If a corporation violated a specific industrial code prior to an accident, this could create the basis for a legal claim.

The corporation that manufactured a silo or other piece of machinery could potentially be liable through a products liability claim. Generally speaking, companies have a legal responsibility to manufacture products that are reasonably safe. They must also take measures to warn users about the non-obvious dangerous associated with the use of their products. Any container that lacks an emergency latch on the inside could potentially be a death trap. For example, prior to the passage of the Refrigerator Safety Act of 1956, many children died after becoming trapped inside of refrigerators with latch doors. From that point on, refrigerators were required to have magnetic doors. There are a number of steps that should be taken after any workplace accident.

  • Evidence should be preserved, including the machinery in question that contributed to the accident.
  • All witnesses should be interviewed.
  • Maintenance and safety records should be sought.
  • An experienced workplace accident attorney should be consulted.

The family of any worker that died in a manufacturing accident may have legal recourse through N.Y. Est. Powers & Trusts Law § 5-4.1 (2021). Damages in a civil claim can help cover lost wages, emotional trauma and the unexpected expenses that often come with the loss of a loved one. Sadly, though, companies will often fight extremely hard to deny liability for any accident. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.

Investigating An Elmira Heights Workplace Accident

We at Gersowitz Libo & Korek, P.C.  extend our deepest condolences to the family of Guy Peck II. Any person that may have information about what happened should reach out to OSHA investigators. It is our sincere hope that steps are taken to help prevent additional tragedies like this. Safety should always be the number one priority for every employer.

Do you need more information about an Elmira Heights workplace accident? Our team of personal injury attorneys are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that workers are given a safe environment to work. Whether you just have legal questions or need a free, independent investigation into an accident we are here for you. You’re always welcome to reach out to us anytime at  (516) 908-9792.

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