Family Files Wrongful Death After Falling Debris Strikes Him At Construction Site
The family of a man who was struck and killed by falling debris at a construction site has filed a wrongful death lawsuit against the company that was working in the area when the death occurred. The 29-year-old victim was riding his bike near the construction site when he was struck by the falling debris. First responders took him to a nearby hospital where he succumbed to his injuries. The lawsuit alleges that the construction site was negligent in their management of the site which directly led to the 29-year-old’s death. The plaintiffs claim that the area was not secured despite their being a wind and weather advisory in effect at the time of the accident.
Elements of negligence
This is the second lawsuit that this company has faced related to unsecure construction site accident. The first lawsuit involved a crane collapse that left one woman dead and multiple apartment complexes destroyed. The company was found guilty of negligence in that case.
In the latest lawsuit, the company is faulted for failing to secure the site against a wind and weather advisory that was in effect the day of the accident. This will not be a very difficult case for the plaintiffs to win. The construction company had a duty of care to ensure that the area was safe for passersby. In this case, they didn’t and someone lost their life as a result of that failure. Since this is the second such incident involving the company, it’s distinctly possible that they could be hit with punitive damages for conduct that evinces a cavalier attitude toward the safety of the public.
The plaintiffs will claim that the company has a tendency to shirk its responsibilities when it comes to safety. They will claim that this is just another example of the company not taking safety seriously.
What will the defense claim?
There isn’t a lot of room to defend a lawsuit like this. The construction company was responsible for the construction site and they failed to secure a large piece of debris that fell onto a passerby. Since they were in control of the construction site at the time of the accident, they are responsible for the death. However, they can claim that the cyclist was in an area that was cordoned off or otherwise marked as a danger zone. If so, it may reduce their liability in the matter as some of the blame could be transferred to the plaintiff for being in an unsecure area. It may not completely derail their lawsuit, however, as the construction company failed in its duty of care to secure the area. That much seems obvious, in this case.
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Gillette Law represents the interests of plaintiffs in wrongful death lawsuits. Call our office today to schedule a free consultation and we can begin discussing your case immediately.