Quite possibly the most horrifying revelations in the Chemical Safety Board's preliminary report on the West, Texas fertilizer explosion were that West Fertilizer Company, the state of Texas and McLennan County failed to implement safety measures that most of us would consider to be Fire and Hazmat Safety 101. For instance, the ammonium nitrate pellets that fueled the blast were stored in wooden bins in a wooden warehouse with no sprinkler system. Additionally, the state of Texas has no statewide fire code, and McLennan County hasn't adopted a county fire code--which is patently surprising since it is home to both Waco and Baylor University. All of this has me wondering--based on this report, do the families of those who died in this tragedy have grounds to sue West Fertilizer, company owner Donald Adair, the state of Texas and/or McLennan County for wrongful death?
Think about it, folks. The ammonium nitrate was stored in conditions that even a first-grader would know would be extremely flammable. Small wonder that the fire got out of control so quickly. If those chemicals had been stored properly, the explosion might not have taken place, and the fire would have been easily contained if it had taken place at all. Additionally, fire codes are designed in part to help protect firefighters. Without them, the men who fought that fire--including several volunteers--were essentially flying blind. Seems to me that this is a situation that is way beyond the risks assumed when fighting a fire.
This being Texas, it would come as no surprise if the company, the county and the state find some route that could allow them to worm their way out of liability. But I would think a good lawyer would argue that even in the absence of specific laws, common sense dictates that you don't store hazardous chemicals in flammable conditions. On paper, it's worth at least trying to hold someone accountable.