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Deliberate Intent


Our attorneys regularly defend clients in deliberate intent cases, a unique statutory cause of action for injured employees in West Virginia. We have successfully defended hundreds of workplace injury suits for a wide range of employers in heavily regulated industries, including coal, timber, construction, and oil and gas. In addition, we have developed critical case law in the deliberate intent arena.

Flaherty’s deliberate intent team is experienced in emergency response, and comprehensive complex litigation as employer liability suits often involve multiple defendants, varying theories of liability, and serious injuries. Our attorneys know the rules and regulations that pertain to workplace safety – we frequently defend employers in regulatory matters against the Mine Safety and Health Administration (MSHA) and Occupational Safety and Health Administration (OSHA).


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