Wrongful death settlement for a man who died on a construction site due to the negligence of a third party contractor. The economic damages in the settlement were for $7.25 million.
General Information about Wrongful Death
What is Negligence?
Negligence is a legal term that refers to the failure to exercise reasonable care or caution, resulting in harm or injury to another person. It typically involves four elements: duty, breach of duty, causation, and damages. Understanding the legal definition of negligence is crucial in determining liability in employees personal injury cases.
Wrongful Death Settlements
Wrongful death settlements refer to the compensation paid by the defendant. to the surviving family members or personal representative of the person who died due to the accident, injury, or negligence of another person. When a person or entity fails to fulfill a legal duty and causes a death to occur, a wrongful death lawsuit can be filed.
In a wrongful death lawsuit, the surviving family members of the deceased may seek damages. These include economic damages, non-economic damages (such as emotional distress and loss of companionship), and punitive damages (designed to punish the defendant for their conduct).
Causes of Death at Construction Sites
- Falls – The most common cause of fatalities in the construction industry, accounting for approximately 36.5% of all deaths in the workplace. Falls can occur from heights, such as from roofs, ladders, and scaffolding, or from ground level due to slips, trips, and falls. Consistent exposure to dangerous heights requires great safety precautions.
- Struck-by incidents – This occurs when workers are hit by objects or equipment and include: being struck by falling debris, being hit by equipment or moving vehicles or being struck by flying objects.
- Electrocutions – Sometimes workers come into contact with live electrical wires or other sources of electricity. This can happen when workers come into contact with power lines, energized sources, or when they use extension cords or other electrical equipment improperly.
- Caught-in/between incidents – Workers can be caught, crushed, or compressed by equipment, machinery, or other objects. This can include: being caught in or between running equipment. Being caught in or between vehicles. Being caught in collapsing structures or excavations and being crushed by heavy objects.
Construction Site Wrongful Death Statistics
Construction sites can be dangerous places to work, and there are many potential hazards that can result in serious injuries or fatalities. According to the U.S. Bureau of Labor Statistics, 20% of all worker fatalities in 2019 occurred on private construction sites.
The number of fatal injuries in the construction industry has been on the rise in recent years. In 2020, there were 1,160 work-related fatalities in the construction industry in the United States. This is an increase from 2019, when there were 1,061 work-related fatalities in the construction industry.
Third Parties at Construction Sites
Some examples of third parties who may be present on a construction site and this in harms way include:
- Subcontractors – These are companies or individuals hired by the main contractor to perform specific tasks or services as part of the construction project.
- Design professionals – Architects, engineers, and other design professionals may be involved in the construction project, either as employees of the employer, or as independent contractors.
- Inspectors – Government agencies, insurance companies, or other third-party inspectors may be present on a construction site to ensure that safety and quality standards are met.
- Suppliers – Manufacturers, distributors, and suppliers of construction materials and equipment may be present on a construction site to deliver, install, or maintain their products.
- Visitors – Construction sites may attract a wide range of visitors, including clients, investors, reporters, and members of the general public.
Third parties may have their own interests and concerns in relation to the construction project, and their actions or omissions may impact the safety and quality of the project. It is important for contractors and employers to be aware of these third parties and to take appropriate measures to address any potential risks or liabilities. In the event of an accident or injury on a construction site, it may be necessary to consider third-party liability. It is always best to consult with an injury attorney, like myself, as soon as possible. You should never take on a legal claim without sound legal advice from an attorney. I have more than 40 years of personal injury law experience and I’ll Make Them Pay!®
Third Party Negligence
Some common examples of third-party negligence on construction sites include:
- Defective equipment and tools – If a worker is injured due to defective equipment or tools, the manufacturer or supplier of the equipment may be liable.
- Unsafe working conditions – Uneven and dangerous stairs, missing or faulty handrails, and slip and fall situations are all examples of unsafe conditions that may result in serious injury.
- High lead levels – Workers exposed to high levels of lead on a construction site may suffer serious health consequences, including neurological damage.
- Asbestos Exposure – Asbestos exposure is a serious health hazard in the construction industry, particularly in renovation and demolition projects. Mesothelioma is a type of cancer that affects the thin layer of tissue that lines the chest and abdomen. It is often caused by exposure to asbestos.
- Electrical hazards – Electrical hazards, such as exposed wires or faulty wiring, can cause electrocution, burns, and other injuries.
- Collapsing buildings or structures – A building or structure that collapses due to design flaws, defective materials, or negligent construction can cause serious injuries or fatalities.
- Fire hazards and explosions – Fires and explosions on construction sites can cause serious burn injuries, respiratory damage, and other injuries.
It is important to note that third-party negligence is not limited to these examples and can take many other forms. Identifying and proving third-party negligence can be a complex process, and it’s best to reach out to me to discuss your construction injury claim that was caused by a negligent third party.
A Lawyer with Wrongful Death Case Experience
The family mentioned earlier received a settlement of $7.25 million for the death of their loved one on a construction site. If your family has suffered a similar tragedy or serious injury, call me for a free consultation. I am available to meet with you any time or any place that is most convenient for you. Wrongful death lawsuits are a serious undertaking, and you need a serious, competent attorney on your side.
Your family has enough to worry about. I can make a difference in your life. I will find out exactly what happened and will hold the negligent party responsible. Your family should be compensated, and I’ll Make Them Pay!®
