Woman Killed in Scappoose Oxygen Tank Explosion
Date: November 29, 2014
Location: Scappoose Sand & Gravel Co.
Name: Kristi McKinney
A 43-year-old woman died after an oxygen tank exploded in Scappoose on Thursday.
Kristi McKinney, of Scappoose, suffered severe injuries and passed away later from the accident.
Her co-worker, 56-year-old Paul Mares, called 911 after the explosion and was not injured.
An investigation at Scappoose Sand & Gravel Company, found that the oxygen tank exploded because it hadn’t been turned off when Mares and McKinney were working in a shop. They were repairing equipment with a metal grinder when it created sparks and ignited flammable gas.
We extend our condolences to the family and friends of Kristi McKinney.
Oregon wrongful death claims are allowed under ORS 30.010-30.100. But the law is much more complicated than a normal accident case. First of all, the statute of limitations (time limit on filing a claim) is different. For most car accidents, the SOL is 2 years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .” In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death.
Additionally, there are limits on who can bring a wrongful death claim. The most common claimants are:
- Children (including stepchildren)
- Parents (including stepparents)
Less common claimants include:
In a wrongful death case, you can ask for compensation for several types of damages as well.
Compensatory damages include.
- Charges for medical services;
- Charges for burial and memorial services;
- Compensation that the decedent would have been entitled to for disability, pain, suffering and loss of income during the period between injury and death;
- Compensation for “pecuniary loss” to the decedent’s estate;
- Compensation for the loss of the decedent’s “society, companionship and services” to the decedent’s spouse, children, stepchildren, stepparents, and parents;
Punitive damages are allowed as well, but are rare in Oregon since the State takes 70% of punitive damages awarded. If you have lost a loved one, call a Portland wrongful death attorney for help in securing the compensation you deserve.
Posted on December 1, 2014, in Portland personal injury attorneys and tagged death, kristi mckinney, paul mares, scappoose, scappoose sand and gravel company, workplace injury, wrongful death. Bookmark the permalink. Leave a comment.