Published on:

Wrongful Death Lawsuit Filed after Man Watches Father Die at Work

Our Illinois personal injury lawyers read with horror that on October 8, 2010, a Tangipahoa Parish, Louisiana man watched his father fall more than 40 feet to his death.

According to the Louisiana Record, the two were employed by a Louisiana construction company, and were working on St. Michael’s Church in Convent, Louisiana, when the man fell 42 feet after attempting to climb the site’s defective scaffolding.

The surviving son who witnessed his father’s death, along with his brother, has filed a wrongful death lawsuit against Paramount Scaffold Gulf Region Inc., the company who constructed the scaffolding on the job site. The lawsuit alleges that the scaffolding was improperly erected, and that the company failed to provide the man with safety lines.

In general, owners and operators of construction sites have the responsibility to maintain safe premises, and if they fail to do so, can be held liable for injuries that occur on the site. Premises Liability Law is the body of law that holds a person responsible for injuries that occur on his or her property. However, in this case, what is more pertinent is Product Liability Law, which holds corporations responsible for defects that occur in the products they manufacture and distribute to the public. As a result, in this situation the surviving victims have the right to file suit against the scaffolding company’s owners and operators because, by failing to provide and maintain safe provisions, the owners and operators are responsible for the death caused by the faulty scaffolding.

The case was originally filed in St. James Parish District Court in Louisiana, but has subsequently been removed to federal court in New Orleans. The defendant company is facing a number of charges in the claim, including
negligence in constructing the scaffolding in an unsafe manner;
failing to properly inspect the scaffold or its parts for defects or hazards;
failing to repair any defects or hazards of the scaffolding;
failing to comply with industry safety standards in construction of scaffolding;
failing to adequately warn users of the scaffolding’s defect in construction; and,
failing to provide safety lines to the workers.

The sons of the victim are claiming that all of these alleged acts on the part of the defendant scaffolding company either caused, or contributed to cause their father’s death. They are seeking damages for wrongful death, and the loss of their father’s companionship, as well as court costs. The son who witnessed his father’s death is also seeking damages for physical and mental anguish as a result of having been forced to watch his father’s death.

Our Illinois personal injury attorneys understand that wrongful death cases can be emotionally exhausting and devastating for the survivors of the victims, and they fight tirelessly for their client’s rights.

Our attorneys won a $5.7 million settlement for a 27-year-old Joliet, Illinois roofer who was paralyzed in a workplace accident when he fell from a roof as a result of the general contractor’s failure to provide appropriate safety devices. Additionally, our Chicago injury lawyers acquired a $1.2 million premises liability settlement for a Mundelein handyman who was seriously injured while working for the defendant. The defendant was aware of the unsafe conditions on her property but failed to remedy the conditions or warn or prohibit the plaintiff from accessing the area.

If you have a loved one who was injured or killed in a workplace accident, contact an attorney immediately to better understand your rights.