Who can be held liable for a wrongful death due to a crane accident?

Crane accidents cause hundreds of injuries to construction workers every year, many of which are fatal. According to the Census of Fatal Occupational Injuries (CFOI), 220 workers were killed in crane-related deaths between 2011 to 2015, most of them employed in the private construction industry. When a construction worker loses his or her life, family members have a right to know who was responsible—and who should pay for the financial and emotional losses they have suffered.

Construction Crane Accidents in New York Hofmann & Schweitzer

Common Causes of Crane Accidents in the Construction Industry

The most common causes of crane fatalities involve loads dropping suddenly from a height, workers struck by swinging loads, or crane collapse. When these accidents occur, state laws allow families to collect workers’ compensation death benefits, but also grant the right to sue property owners and contractors for a New York construction injury.

Surviving family members may be able to seek damages from third parties if the crane accident resulted from:

Faulty Installation 

Crane foundations must be installed according to manufacturer and safety specifications, and contractors could be liable for crane moement due to shifting ground conditions or installing the crane too close to electrical power lines.

Manufacturer Defects

If the crane was badly designed, not tested thoroughly, or suffered defects in the manufacturing process, the maker of the crane can be held liable. In addition, a product manufacturer can be liable if its crane components failed (such as rigging, hooks, slings, pulleys, or wire rope).

Lack of Training or Supervision 

Contractors may be liable for deaths caused by unqualified crane operators, failure to appoint a signalman, or allowing crane operations without adequate supervision.

Failure to Warn

Crane manufacturers must provide clear warnings of the dangers of crane operation, including the risks of exceeding the load capacity of the crane.

Improper Maintenance or Inspections 

Cranes must undergo rigorous inspection to identify any defects before they can be used to hoist loads. Unfortunately, many components fail because faulty conditions are not corrected or maintenance is not adequately performed.

While nothing can make up for the loss of a loved one, a wrongful death lawsuit can give family members closure and comfort, as well as give them the resources they need to move on with their lives. As a surviving relative, you may be able to collect damages for your loved one’s medical bills, end-of-life costs, lost financial benefits, lost guidance and emotional support, and other consequences of an accidental death. Simply fill out our quick online contact form or call 800-362-9329 to speak with a construction injury lawyer at Hofmann & Schweitzer about your legal rights and options.

 

Timothy F. Schweitzer
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Tim Schweitzer is a personal injury lawyer specializing in maritime, construction and railroad injury claims.