The Threats of Falling Equipment In and Around Construction Sites

Being struck by falling objects or other debris is always a risk inside and around construction sites. Besides the workers themselves, visitors to the site and even pedestrians are also open to the risk of being hit by objects falling from above, accidents that can result to traumatic brain injury, paralysis or even death. The most common types of falling objects that can cause serious injury are handheld tools, loose building materials, movable concrete and improperly secured loads from cranes or mechanical lifts.

According to the Occupational Safety and Health Administration (OSHA), in 2012, about 78 construction workers were killed after being struck by falling objects or debris. Due to the dangers workers and many other individuals are exposed to, OSHA makes it the legal responsibility of construction companies and construction site owners to make sure that construction sites are kept safe. Accidents due to failure to keep construction sites safe may be the result of negligence of construction companies, site owners, workers and subcontractors. These acts of negligence that can result to falling objects or debris and injure someone include:

  • Lack of signage that will warn people about work going on overhead;
  • Lack of barricades to limit access to construction sites;
  • Tools or materials accidentally dropped by workers working on construction scaffolding and platforms;
  • Failure to wear or lack of personal protective gear, such as hard hats, face shields, and safety googles;
  • Failure to make regular maintenance checks and properly inspect construction equipment before use;
  • Failure of workers to secure hand held tools and other materials properly;
  • Failure on the part of employers to properly train workers on safety measures and on the proper use of construction equipment and machinery;
  • Failure on the part of employers to provide workers with safety gears;
  • Lack of safety devices, such as debris nets, shore and brace structures, catch platforms, tool guards, and toe boards; and,
  • Failure to properly secure loads that are being lifted, resulting to objects getting dislodged.

According to Philadelphia personal injury lawyers, there are many traumatic injuries that can occur on construction sites. These injuries frequently require emergency medical services because of the dangerous equipment on these sites. Unsurprisingly, construction workers face the most risk of construction site injuries. They must rely on their employers to provide the safest work environment possible and proper safety training for their jobs. Unfortunately, many employers fail to take adequate safety measures in order to cut costs and many construction workers suffer injuries as a result.

While it is true that a construction worker, who gets injured on the job, may be able to apply for financial benefits paid by the Workers’ Compensation Insurance Program, he/she may also waive this legal right and choose to file a civil suit against his/her employer instead; he/she may also be able to file a civil lawsuit against a third party individual whose action or lack of action may have contributed to the accident that resulted to his/her injuries. Having a seasoned personal injury lawyer, who can counsel him/her regarding the best legal action to take, may be an advantage.

 

Causal Factors of Product Liability Cases

There is a legal concept called product liability, wherein designers, manufacturers, and everybody else involved in trade are legally obligated to make sure that the products they make available to the public are safe, because they can be held accountable for accidents, injuries, and deaths.
According to the website of Karlin, Fleisher & Falkenberg, LLC, all those who have been hurt because of dangerous products may pursue legal action against the responsible parties. But how can consumers get hurt by products anyway? There are three main factors that may trigger a product accident.

Design Defects

A design defect occurs when a product has an inherently dangerous design. It is one of the most common triggers of product accidents and injuries. Designers should first study their proposed designs, determine the possible risks, and come up with a way to avoid these risks by improving the design. Failing to make a competent and thorough study may result into a design defect that may put an unsuspecting consumer in danger. An example of this is how certain vehicle airbags deploy in a way that causes more harm than good.

Manufacturing Defects

A product has a manufacturing defect if it has flaws that have risen because of manufacturing error or negligence. The two most common manufacturing defects include the use of poor materials and the practice of poor manufacturing techniques. Both can make the product suffer from poor quality, and it may even easily break and cause an accident. For example, a bicycle for children may have a crack in the body, making it vulnerable to breaking and making the child at risk of crashing and injuring himself.

Inherently Dangerous Products

The whole product itself may be dangerous. Maybe the product has not been studied well and yet the company that owns it puts it out in the market, such as those surgical implants that turn out to have negative medical implications. Maybe the product has hazardous substances, like arsenic, mercury, and lead, such as those toys that can cause lead-poisoning. Maybe the product has no labels that may inform consumers of the product’s safety and hazardousness, such as those construction equipment that do not come with safety instructions and warning signs.

How Can Personal Injury Be Traumatic?

There are some things in life that we can sometimes we could forget and there are some experiences that we wish we had never lived through. Trauma is differently handled by survivors everywhere but something definitely universal about it is that it is always difficult to live with.

Take trauma that is suffered at the hands of personal injury, for example. It is traumatic experiences from situations like this – when the survivor in question is the innocent party in the story – that are some of the most difficult to stomach because there was no precedence for it for the party who suffered most. Usually, they were just at the wrong place at the wrong time. While physical injuries can heal, sometimes it’s the wounds that people never see that can be the most scarring of all.

According to the website of the Houston personal injury lawyers of Williams Kherkher, personal injury is the legal terminology used for situations wherein a person has suffered injury upon their person due to the negligence of a secondary, guilty party. The injury in question need not be exclusively physical in nature as mental injuries as well as emotional injuries (e.g. Post-traumatic Stress Disorder, otherwise known as PTSD) for they are just as debilitating.

The kind of recovery that is required for these kinds of trauma can be somewhat different for physical injuries. For example, a car accident survivor may have panic attacks when trapped in a car for too long or if the vehicle they’re in suddenly makes a sharp turn. An animal bite victim may find it difficult to leave the safety of his or her home, in perpetual anxiety and fear over another potential attack.

It is cases like these that need to be handled with sensitivity and care as well as aggressive professionalism in order to get the results of justified recompense that is so heavily required by survivors of traumatic accidents in their time of recovery and need.

Can Personal Injury Happen to Me?

Maybe not everyone wants to rule the world—some people just want to be able to live in it. However, as careful as you could be, there might always be that one person who thinks that they’re an exception to the rule. They might think themselves above and beyond regulations and think that unnecessary risks won’t always have consequences—sometimes, it’s not the negligent person who ends up paying for it.

No, it isn’t fair for such a situation to happen—that’s why there’s such a thing as a justice system. However, being in these kinds of circumstances is never a walk in the park.

Personal injury is the legal terminology that is used to classify situations wherein injury has been dealt upon someone’s person and it was because of the negligent actions of someone else. The negligence doesn’t have to be intentional as it can also be purely accidental as, either way, the negligent party will still need to be accountable for the consequences of his or her action. The injury also need not be physical as personal injury accounts for emotional and mental trauma as well, or a combination thereof.

At the chance that an event that constitutes as personal injury does happen to you, it is always the most recommended course of action to contact professional legal help immediately in order to understand your case and what would be the most suitable move for you to make. For example, since personal injury is not a federal law and can change depending on variables from state to state, it would be advisable to contact a personal injury lawyer in Louisville instead of in Calabasas if you were injured in Kentucky.

The little things like this can matter in the grand scheme of things and, as terrible as it is to not have been given a choice to have suffered an accident and personal injury, there is something that can be done in order to receive some sort of recompense for it.

How Am I Supposed to Deal with Wrongful Death?

A single life is filled with infinite possibilities and each person has just the one lifetime that is granted to them in order to live it as best they can. It is then one of the most tragic outcomes of circumstances if a person is taken away at their prime, when there is still so much that they can do. Everything that could have done and should have been would just blow away like smoke into the ether and what a shame that is.

Of course, the death of a person can also have devastating effects on the deceased’s loved ones—especially the people who were dependent upon the one who has passed away. That is why cases of wrongful death – otherwise known as deaths caused by accidents that were a result of negligent actions of a guilty party – are so much more difficult to stomach. Not only must the surviving kin and loved ones of the one who has passed on deal with the grief but must also deal with the repercussions that the unprecedented death has left in its wake.

According to the website of the wrongful death lawyers with Williams Kherkher, situations that constitute as wrongful death fall under the responsibility of personal injury. Since there are so many variables that are involved with cases of this nature, there is not one case that is exactly the same as another. Some wrongful death claims are because of situations that are loud, wherein the cause of death is easily identifiable such as car accidents. But then some claims require a lot of research and can take a lot of time to settle, such as mesothelioma claims.

It is due to these variables, and other factors besides, that people who have suffered the wrongful death of a relative, loved one, or beneficiary are advised to seek the counsel of experienced legal professionals in order to know how to deal with wrongful death.

How Can I Recover from A Car Accident?

Most people think of themselves dying from something outrageously tragic though most might want to live a long, full life and pass away peacefully in their sleep. People fear the grandest exits for themselves such as explosions or massive wrecks that would make the national news. But the thing is, one of the most common causes of death is something that has been more or less accepted as normal in this day and age, and that is car accidents.

These kinds of accidents happen literally every single day and yet, still, people don’t think that it can happen to them. Perhaps it’s all the promises of safer cars and safer roadways that make people think it is okay to take unnecessary risks or make increasingly reckless decisions. No matter how many times you try and drive safely, there’s always the chance that someone won’t take the same precautions as you do and you end up suffering for it.

So how can you recover from a car accident, if it ever happens to you?

Well, as much as nobody wants this situation to happen to them, there is a protocol that can be followed if this scenario is ever realized in real life. The most recommended course of action is to consult with a car accident in your own state – due to the differentiating variables and levels of damage that can constitute as a car accident, there is no definitive law that covers every single situation involving accidents of this nature – so if you are injured in Wisconsin, it would then be advisable for you to contact a car accident lawyer in Milwaukee.

This is because attorneys who are experienced in this field of the law are some of the most well connected with professionals who could be able to help you recover into some sense of normalcy after the accident. In addition to that, they are also the ones who could best help you achieve legal resolution to your predicament in terms of compensation for the damages done.