D&A LLC successfully represented a golf course operating company (“Client”) in a case involving a fatal incident. On July 18, 2022, an employee of the Client was found deceased near a pond within the golf course, which the investigative authority presumed resulted from the worker falling while performing tasks on a manhole near another pond and being carried through the residue water pipe to the location where the body was discovered.
Representing the Client, our initial response team inspected the accident site and discovered the victim’s cap on the opposite side of the residue water pipe. The team also secured a photograph comparing the diameter of the residue water pipe with the width of the victim’s shoulders. Subsequently, through a dummy experiment, we demonstrated that the investigative authority’s presumed accident sequence was scientifically impossible.
As a result of our arguments, the investigative authority’s presumed accident sequence was discredited, and the authority decided not to book the Client for alleged violations of the Serious Accidents Punishment Act and Occupational Safety and Health Act, and not to refer the case for occupational negligence resulting in death and injury.
