Case Summary: The Case Of Seaworld Of Florida V. Perez

SeaWorld of Florida v. Perez was a case that shows how important is for a companies to have rules and regulations regardless Safety. The company must follow OSHA regulations to have a safety work place for the employees. In this case the court was trying to determine if SeaWorld of Florida violated the OSHA General Duty Clause and if the company have a process to reduce the danger that employees have when working with killer wheals. In 2010 Ms. Dawn Brancheau a SeaWorld trainer was performing with a killer wheal named Tilukum. The performance was going normal until the killer wheal grabbed the trainer from the platform into the pool, the animal refused to release her, the trainer died from traumatic injuries. After the accident Mr. Perez the
(apps.americanbar)
Companies must provide a safe working environment to the employees at all times. SeaWorld of Florida argument to the court, that working with killer wheals is not recognized hazard because they are train and all wheals behave different. Another argument was SeaWorld provide proper training to his employees.
It also trains its employees who work with killer whales to recognize particular behaviors that it calls “precursors,” which indicate that the killer whales may act aggressively, and keeps detailed incident reports of when its killer whales had behaved aggressively or otherwise undesirably toward trainers, including pulling trainers into the pool. (Caselaw.findlaw)
In this situation the company is arguing that they provide the proper training to the employees, even if the company provides the proper training, the company needs to follow OSAH regulations. After the appeal the court ruled that SeaWorld felt to maintain safe working conditions for the