A tragic mobile truck crane accident at the Pennsylvania State University campus has allegedly led to a Pennsylvania injury lawsuit based on claims of negligence and loss of consortium against the crane manufacturer and the contractor. The device involved in the accident, a mobile truck crane, was used for construction on the Penn State campus. One individual, a worker, was killed, and another worker suffered serious injuries when, during its operation, the jib of the crane fell to the ground. Both men were employed by a subcontracting company, which had been hired by the contractor defendant to perform work on the construction job.
As is common in personal injury lawsuits, the plaintiff in this case sought damages based on his accident-related costs. The facts indicate that the contractor in this case had rented the mobile crane from a manufacturer. Additionally, the manufacturer had supplied an operator to control the jib. While the plaintiff, the injured worker, had been working on the project, the jib struck him and caused injuries to his right arm and wrist.
The Occupational Safety and Health Administration (OSHA), an agency of the United States Department of Labor, investigated the incident. The agency determined that the incident was caused by the mobile crane operator and the employees who stowed the jib. Specifically, OSHA noted that the employees had failed to follow proper stowing procedures, which led to the jib collapsing and causing the plaintiff’s serious injuries (as well as the fatality of another individual). The manufacturer was cited $7,000, and it paid this amount.
The plaintiffs in this case, including the injured worker’s wife, alleged negligence and loss of consortium against both the manufacturer and the contractor. To successfully demonstrate negligence, plaintiffs are required to present evidence that the manufacturer owed them a duty of care and breached this duty and that this breach directly led to their injuries and costs. The negligence allegations against the contractor will entail the same legal elements: duty, breach, causation, and damages.
To prove a loss of consortium claim in the future lawsuit, the spouse of the injured worker will potentially argue that she is legally entitled to compensation for the loss of services and companionship that she has suffered due to the accident and her husband’s injuries. Included in this loss is a claim for the loss of marital relations. Pennsylvania law provides a loss of consortium claim to parties who were married at the time of the injury.
At Needle Law Firm, our dedicated attorneys help workers and other individuals hurt in construction accidents, and we are particularly skilled at enforcing the rights of those harmed by the negligence of equipment manufacturers and contractors. Different laws apply in construction accidents as compared to other personal injury claims, and throughout Pennsylvania, our skilled construction accident lawyers have successfully recovered damages for clients seeking compensation for their harm. For a free consultation about your case, call our office at (570) 344-1266 or reach us online.
More Blog Posts:
Pennsylvania ATV Accident Victims Have the Right to Pursue Compensation for Their Injuries, Pennsylvania Accident Lawyer Blog, August 2, 2017
Punitive Damages in Pennsylvania Awarded in Personal Injury Claims for Outrageous or Willful Conduct, Pennsylvania Accident Lawyer Blog, August 2, 2017