Protection from Liability Before, During, and After Blast Detonation

"The words “dynamite,” “TNT,” “explosives,” and “blasting” typically cause the general public, andjurors, apprehension and fear. Although blasting operations conducted by well-trained, skilled, andexperienced blasters rarely cause damage or injury, the public’s perception of blasting is that it isdangerous, disruptive, and results in damage to nearby properties. As a result, blasting operations have always resulted in complaints, claims, and lawsuits. However, in recent years, the public perception combined with an increase in public opposition, social media, more stringent regulations, predatory plaintiffs’ attorneys, and the application of strict liability to blasting claims has resulted in an increased threat of litigation to blasting companies and individual blasters. Consequently, many blasting companies find themselves receiving more complaints, involved in more litigation, and facing an alarming number of frivolous claims, which can result in increased insurance costs and other financial tolls. Accordingly, today’s blasting companies must be prepared for litigation and take steps to eliminate accidents and claims before the first shot is detonated on a job. The best way to accomplish this is standard operating procedures that incorporate best management practices, industry standards, and regulations in daily operations. This paper outlines some of the considerations that a blasting company should incorporate into its standard operating procedures before, during, and after the shot."