11th Cir. Allows Safety Orders as Proof in Product Defect Suits

A former mill worker lost his appeal to limit the use of an occupational safety administrative law judge’s opinion as evidence in a products liability case against a machine manufacturer.

The US Court of Appeals for the Eleventh Circuit determined a district court didn’t abuse its discretion by allowing the use of an opinion by an ALJ of the Occupational Safety and Health Review Commission as evidence in a civil trial.

While the ALJ opinion may have been inadmissible on other grounds, Wallace’s claims against its admission don’t prejudice him, according to the per curiam order issued by the Eleventh ...