June 19, 2011 by Levin & Perconti

Illinois Wrongful Death Lawsuit Filed After Man Dies in Asphalt Roller Accident

The death of a worker in the summer of 2009 during a road paving project has led to an Illinois wrongful death lawsuit. The Madison-St. Clair Record reported on the details on the latest court filing.

The victim was an employee with Southern Illinois Asphalt who died when the asphalt roller which he was manning flipped over and killed him. His wife recently filed an wrongful death lawsuit against both the makers of the roller, Ingersoll-Rand Company and Delta Asphalt, and Southern Illinois Asphalt. In her complaint the woman states that the company that built the machine should have taken several steps to ensure the safety of those who rode in the machine.

She specifically is alleging problems with the design of the roller. The victim claims that her husband’s death was caused in part by the roller’s lack of a seat restrain system. She also argues that the company was negligent in not equipping the machine with roller protection or warning users of the product that it was unsafe to operate without such protection.

In the claim again the man’s employer, Southern Asphalt, the complaint alleges that they failed to provide her husband with a safe work place, ensure the safety of their equipment, or to provide an adequate flagman at the job site.

Our Chicago injury attorneys at Levin & Perconti understand the extreme hardship that families often face when they lose members in terrible accidents such as this one. In situations like this one, where the companies involved are engaged in higher-risk activities, it is essential that they design their products properly and ensure that reasonable safety protocols are in place. When those steps are not taken, deadly accidents more frequently result. That is why the law holds those negligent actors accountable to help ensure that future victims are not created.

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