Arizona court rules companies can be criminally charged for worker deaths

In a 2005 trial, a Yuma County jury convicted Far West Water & Sewer of five felonies: negligent homicide, causing the death of an employee by knowing violation of a safety standard, aggravated assault and two counts of endangerment. A Far West employee, James Gamble, and an attempted rescuer, Gary Lanser, died in the incident. Far West employee Nathan Garrett, who also tried to rescue Gamble, suffered severe lung damage. Gamble and the others collapsed in a sewer tank near Mesa del Sol Golf Course in Yuma on Oct. 24, 2001, when they were overcome by sewage gas.

Far West went onto appeal the charges in court. Lawyers argued that the Arizona's criminal prosecution "went beyond the statutory scheme for liability of a corporation" and that the case "at most gives rise to civil liability, but not criminal liability." The Court of Appeals soundly rejected that contention, stating, "We conclude...that its conduct went far beyond ordinary civil negligence or even gross negligence and crossed the line into criminal conduct." They argued that the criminal laws of the state allow only "persons" to be convicted of crimes like manslaughter, aggravated assault or endangerment. The Court of Appeal pointed out that the Legislature, in defining persons, specifically included not only corporations but even partnerships and governments.

Judge Sheldon Weisberg wrote for the unanimous court "Not only did the Legislature include corporations in the definition of person, the Legislature described corporations, as enterprises, can commit criminal offenses through the acts or omissions of their directors, high managerial agents and/or agents." The Court of Appeals also ruled that unlike what the company felt the sentence of a fine of $1,770,000 was not excessive.

Judge Sheldon Weisberg acknowledged no Arizona court had ever looked at this issue before. But the appellate judges were persuaded by rulings from other states that there is no pre-emption (Fischer). Sheldon also added that the fact that companies can be punished under other worker-safety laws does not mean they cannot also be held criminally liable.

Attorney General Terry Goddard stated "“This tragedy was unnecessary, two people died, another still suffers from lung impairment, and other lives were affected by Far West’s disregard for required safety precautions. We were confident that the jury properly convicted Far West, and we are pleased that the Court of Appeals affirmed each of the five felony convictions.”

What do you think? Should courts be able to charge companies with criminal offenses? Was the Court of Appeals fair in the charges or was it excessive?

Sources:
"Court of Appeals Affirms Convictions, Penalties in Sewer Tank Deaths." Protecting Arizona- AZAG.gov. Office of Attorney General Terry Goddard, 9 Apr. 2010. Web. 23 Apr. 2010.
Fischer, Howard. "Businesses Can Be Guilty in Worker Deaths." Azcentral.com. Capitol Media Services, 15 Apr. 2010. Web. 23 Apr. 2010.