Stillwater Mine Electrocution: Family Files Wrongful Death Lawsuit After Fatal Workplace Accident

Stillwater Mine Electrocution: Family Files Wrongful Death Lawsuit After Fatal Workplace Accident

The recent electrocution of a worker at the Stillwater Mine in Montana has brought renewed attention to the dangers faced by those in the mining industry. The tragic incident, which marks the fourth fatality at the mine since 2021, has prompted the victim’s family to file a wrongful death lawsuit, seeking justice and compensation for their devastating loss. Workplace accidents, especially those involving electrocution, can have far-reaching consequences, leaving families grappling with emotional trauma and financial uncertainty.

The Stillwater Mine Incident

On July 26, 2025, Brian Hanson, a 50-year-old Laurel man, was fatally electrocuted while working underground at the Sibanye-Stillwater Mine near Columbus, Montana. The Stillwater County Sheriff’s Office confirmed Hanson’s death was a result of electrocution. The Mine Safety and Health Administration (MSHA) and an internal team are currently investigating the incident, which has led to a temporary halt in mine operations. This электрошок is the fourth fatality at the Stillwater Mine since 2021, raising concerns about safety protocols and working conditions. In September 2024, Stillwater cut production and laid off 700 workers, citing the declining cost of palladium, the mine’s major resource alongside platinum.

Wrongful Death Lawsuits: Seeking Justice for Negligence

When a death occurs due to the negligence or wrongful act of another party, the deceased’s family may file a wrongful death lawsuit. In Montana, a wrongful death is defined as a death caused by the “wrongful act, neglect, or default” of another person or entity. These lawsuits aim to hold the responsible parties accountable and provide compensation to the surviving family members for their losses.

Elements of a Wrongful Death Claim in Montana

To establish a wrongful death claim in Montana, the plaintiff (typically the personal representative of the deceased’s estate) must prove the following elements:

  1. Death of a Person: The claimant must demonstrate that a person has died.
  2. Wrongful Act, Neglect, or Default: It must be shown that the death was caused by the wrongful act, neglect, or default of another party. This means establishing that the defendant’s actions or omissions directly led to the individual’s death.
  3. Causal Connection: It must be shown that the death was caused by the wrongful act, neglect, or default of another party. This means establishing that the defendant’s actions or omissions directly led to the individual’s death.
  4. Damages: The wrongful death claim must demonstrate that the death has resulted in damages for the surviving family members or the deceased person’s estate.

Who Can File a Wrongful Death Claim in Montana?

In Montana, the personal representative of the deceased’s estate is the only person who can file a wrongful death claim. This is usually a family member, such as a spouse, child, sibling, or parent. The personal representative acts as a trustee of the award and must distribute the damages to the appropriate heirs. Montana law allows the following parties to recover damages in a wrongful death lawsuit:

  • The spouse of the deceased
  • The minor children of a deceased parent
  • The parents of a deceased minor child

Under Montana law, the parents of a deceased adult child may also recover damages, but only if there’s significant evidence of an extraordinarily close and interdependent relationship (such as when an adult child serves as the caretaker of a parent).

Types of Damages Recoverable in a Montana Wrongful Death Case

In a Montana wrongful death case, damages are intended to compensate the deceased person’s surviving family members for the losses they suffered as a result of the death. Damages can be either “economic” or “noneconomic” in nature.

Economic Damages: These are tangible costs associated with the death, such as:

  • Lost wages, income, and other financial compensation that the deceased would reasonably be expected to earn during their expected lifetime.
  • Medical costs resulting from the fatal injury.
  • Funeral and burial expenses.
  • Loss of the prospect of inheritance.

Noneconomic Damages: These are intangible and more subjective losses, including:

  • Loss of the deceased’s companionship, love, care, and comfort.
  • Spouse’s loss of intimacy with the deceased.
  • Pain and suffering that the deceased endured before death.

Statute of Limitations for Wrongful Death Claims in Montana

In Montana, you must file a wrongful death lawsuit within 3 years of the death of your loved one. Generally, the clock typically starts ticking from the date of the deceased person’s death. Wrongful death claims that aren’t filed before the end of this three-year period are usually dismissed by the court without a hearing. An exception to this time limit is if the wrongful death case is linked to a criminal homicide, in which case the time limit is ten years from the date of the death.

Comparative Negligence in Montana Wrongful Death Cases

Montana follows a modified comparative negligence rule with a 51% bar. This means that if the deceased is found to be 51% or more at fault for their own death, the estate or family members would be barred from recovering any compensation under the wrongful death claim. If the deceased is found to be less than 51% at fault, the damages will be reduced in proportion to their percentage of fault.

Electrical Accidents in the Workplace: A Preventable Hazard

Electrocution is a significant hazard in various workplaces, including mines, construction sites, and industrial facilities. According to the Electrical Safety Foundation International (ESFI), электрошок is the cause of approximately 300 fatalities and 4,000 non-fatal injuries in U.S. workplaces each year. Many of these accidents are preventable with proper safety measures and training.

Safety Measures to Prevent Electrical Accidents

To prevent electrical accidents in the workplace, employers should implement the following safety measures:

  • Regularly inspect electrical equipment and wiring for damage.
  • Ensure that all electrical equipment is properly grounded.
  • Provide employees with appropriate personal protective equipment (PPE), such as insulated gloves and footwear.
  • Train employees on electrical safety procedures and the hazards of working with electricity.
  • Implement lockout/tagout procedures to de-energize equipment before maintenance or repairs.
  • Maintain a safe distance from overhead power lines.

The Role of OSHA and MSHA

The Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA) are federal agencies responsible for enforcing workplace safety regulations. OSHA covers most private sector workplaces, while MSHA focuses specifically on mines. These agencies conduct inspections, issue citations for violations, and provide resources to help employers improve workplace safety.

Seeking Legal Assistance After a Workplace Accident

If you have lost a loved one in a workplace accident, it is crucial to seek legal assistance from an experienced attorney. A wrongful death lawyer can help you understand your rights, investigate the accident, and pursue a claim for compensation against the responsible parties. Compensation can help cover medical expenses, funeral costs, lost income, and other damages.

Conclusion

The Stillwater Mine electrocution serves as a stark reminder of the dangers faced by workers in hazardous industries. When электрошок accidents occur due to negligence or unsafe working conditions, families have the right to seek justice and compensation through a wrongful death lawsuit. By holding responsible parties accountable and promoting workplace safety, we can help prevent future tragedies and protect the lives of workers.

If you or a loved one has been affected by a workplace accident, contact our firm today for a free consultation. We are here to help you navigate the legal process and fight for the compensation you deserve.