Crane accidents are some of the most devastating. Generally injured parties are left with catastrophic injuries, which can require a lifetime of care to correct or treat. In certain situations the injuries can include long-term medical care. These types of accidents occur either because of a defective product or negligent operation by a crane operator. If you were injured or a loved one i.e. family member was harmed, you can pursue a claim for harm suffered.
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Negligent Crane Operation Claim or Installation
Another cause for injury is always negligent crane operation or negligent crane installation. When the crane is originally installed by a construction crew or other professionals it must be done correctly. If it is done without proper care, serious injury can result. For example in certain cases the crane is placed on un-even ground. If the this is not properly leveled, it can fall or tip over. In other cases proper locking mechanisms are not used to avoid the crane from falling over.
Perhaps the most common cause of a tip over is simply negligent operation. When the crane operator fails to operate the crane properly, it will tip over. This can happen when a improper balance techniques are used or if the crane is lifting heavy loads. Negligent operation of a crane can cause harm to the operator and those below. In high traffic density locations, passerby’s, pedestrians and other vehicles can be seriously hurt. If the crane was carrying a load, it can become detached from the cables and cause extensive injury.
If you were injured as a pedestrian or employee at a construction site, contact an attorney. Know your rights before speaking to any insurance company. In fact do not make any statements at all to the insurance company, unless you have spoken with an attorney first. If you are making a statement make sure that it is not recorded.
Potential Workers Compensation Claim
If you were injured on the job, it is likely covered under a worker’s compensation claim. However, this is not always the case. If you were injured on the job you can pursue a separate claim against the crane operator. In other cases you have the opportunity to file a claim against your employer, depending on the status of the party causing the injury.
Pursuing a separate cause of action is possible when the injuries were caused by a defective product i.e. crane, hydraulic lift or other crane part. This is generally considered a defective product claim, which is discussed above. It is also possible to pursue a cause of action against the employer. In many cases crane operators are independent contractors. This can allow a separate cause of action to be pursued against for damages against the employer of the independent contractor.
Why is this important? Workers compensation claims have limitations. Workers comp cases will not allow you to recover for pain and suffering, which is often a significant part of your claim for damages. Recovering for pain and suffering is a critical element of your claim. If the claim is outside of the workers compensation board, then it is possible to pursue a cause for additional damages.
Defective Product Claim – Lawsuit Against At Fault Manufacturers Cranes
What is considered a defective product? Defective products are considered those that fail to work according to the consumers’ expectations. When you have a deviation from the design or when the design is inherently flawed it will be considered a defective product. A crane that tips over can be considered defective. However this will require evaluation of all components and service records. In certain cases we will need expert evaluation of the equipment in order to determine whether it is defective.
Defective product claims are almost always against the manufacturer of the product. In certain cases the manufacturer develops or designs a product that is inherently defective. In such cases they will be held strictly liable for the injuries that result. Our office evaluates most construction accident cases with a potential defective product claim in mind.
Filing a Wrongful Death Lawsuit
What is a wrongful death lawsuit? A wrongful death claim is a lawsuit filed by the kin of the surviving issue. This includes brothers, sisters, spouses and in some cases mothers and fathers. California law with regards to wrongful death lawsuits is different than other states. Only immediate relatives are permitted to file a claim.
To learn more about a construction site accident lawsuits
contact an attorney at Downtown L.A. Law Group for additional information.