A Case Study Of Seaworld Of Florida Vs. Perez

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Introduction This case study of SeaWorld of Florida v. Perez is a case where the safety protocols set by SeaWorld were set up to keep trainers safe. However, it could also show that they were put into place due to the violent nature of the killer whales therefore showing that SeaWorld knew the dangers trainer Brancheau would be facing on a daily basis. This case was about the legal issues enforced by the Occupational Safety and Health Administration (OSHA) and how the plaintiff established a valid violation under the General Duty Clause of the OSH Act. Additionally it will explain how the elements of a valid claim were satisfied under the OSH Act as well as understanding how OSHA enforces workplace safety and health standards. Finally …show more content…

This led to the abatement processes which were put into place to reduce danger to the employees and trainers however they realistically just highlighted SeaWorld’s knowledge that these animals are dangerous and the work with them dangerous especially Tilikum. Tilikum was known to be a bit head strong, aggressive, and had previously caused the death of a trainer in British Columbia according to Walsh (2016). It would be the appeals court that found SeaWorld did violate the General Duty Clause even through there were abatement processes that were in place to keep this from …show more content…

In this instance both working with the killer whales in the water, water-work, and on platforms or in water less than knee deep, dry-work, both were considered dangerous work and required understanding and training to reduce risks. Next, keep in mind that the work of training and working with killer whales was known in the business, including by SeaWorld, as dangerous work and they were also aware of past dangerous behaviors and even deaths when working with these

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