Negligent Homicide Charge | New York Industrial Accident Defense

On the day of the incident, the victim was assigned to clean debris around the discharge chute of the mixer.

The mixing equipment required a visual check from outside the machine using an external switch before cleaning began.

However, the victim leaned his upper body deep inside the machine to visually inspect it an action explicitly prohibited in the manual.

At that moment, the mixer unexpectedly activated, and the rotating blades caused fatal injuries.

The company had documented safety rules, mandatory machine shutdown procedures, and periodic training sessions about hazardous energy control and lockout requirements similar to OSHA standards in the United States.

The defendant argued he never anticipated such an extreme deviation from standard protocol and sought counsel to defend against the Negligent Homicide Charge and related regulatory violations.

A Negligent Homicide Charge may arise when:

• A defendant fails to perceive a substantial and unjustifiable risk
• A reasonable person would have recognized the hazard
• This failure is a gross deviation from expected conduct

When a workplace fatality occurs, investigators examine safety systems, supervision, and training to determine responsibility.

Beyond the Negligent Homicide Charge, industrial fatalities may trigger:

• OSHA violations for failure to implement lockout/tag-out procedures
• New York Labor Law §200, §240, or §241-b claims
• Civil wrongful-death exposure in parallel to criminal liability

Penalties for a Negligent Homicide Charge can include jail time, probation, significant fines, and long-term criminal record consequences.

This made immediate defense strategy critical.

The defense emphasized that the cleaning procedure was categorized as a low-risk routine task.

The victim’s action leaning fully into the equipment was neither instructed nor taught during training.

Even if a mechanical malfunction contributed, such an unpredictable deviation made it impossible for the defendant to foresee the risk, weakening the basis for a Negligent Homicide Charge.

To counter the Negligent Homicide Charge, the defense produced:

• Work manuals
• Machine operation procedures
• Training records
• Maintenance logs
• Hazard assessments performed months prior

These documents showed consistent safety oversight and demonstrated that the defendant reasonably fulfilled all supervisory duties.

The defendant provided substantial financial support to the family, covering funeral expenses and additional compensation as a gesture of sincere remorse.

In U.S. terms, this formed part of a civil settlement parallel to the Negligent Homicide Charge.

In addition, the company implemented new safety enhancements, reinforcing lockout controls and revising standard operating procedures actions highlighted to show proactive prevention of future incidents.

The court cited several factors:

• The defendant’s documented safety management system
• Active cooperation with investigators
• Substantial restitution to the victim’s family
• Lack of prior violations
• Low risk of future incidents

These factors dramatically reduced the severity typically associated with a Negligent Homicide Charge.

A Negligent Homicide Charge involving industrial machinery requires immediate and specialized legal intervention.

SJKP assists clients with:

• Accident reconstruction and technical analysis
• OSHA compliance review
• Negotiation with prosecutors and regulatory agencies
• Development of mitigation packages and remedial-action plans
• Guidance on parallel civil wrongful-death claims

If you or your company is facing a Negligent Homicide Charge in New York, contact SJKP for confidential, rapid support.

Early engagement can significantly influence the outcome.