A widow recently filed a wrongful death lawsuit over the fatal fall of her husband in the workplace. The news article tells a story all too familiar to me. What happened? The worker was standing on a mobile scaffold and installing tile. The mobile scaffold toppled backwards, causing the worker to fall.
Falls from heights are a leading cause of workplace fatalities. And, this new wrongful death case highlights another example of a fall that could have easily been prevented. In the last decade, I’ve represented numerous workers and their families involving work site falls. Falls from scissors lifts. Falls from scaffolds. Falls from other mobile platforms. Falls from unmarked openings. Falls from unstable support structures. I’ve had cases involving each of them. All these terrible fall accidents have a common issue — They all could have been prevented with a little advance safety planning by management. In every one of them, an accident altered the life of a worker and his/her family in an instant.
In the new wrongful death case, the widow alleges the scaffold equipment was not working properly. She also alleges the scaffold equipment did not come with written materials explaining proper operations. I’m not surprised. That’s a common issue. I’ve seen it in several of my fall injury cases. In my past cases, I’ve seen workers asked to operate complex mobile lifts at heights with zero training and zero instruction. I’ve seen workers asked to operate mobile lifts with no ground-level supervision or spotter. I’ve seen workers asked to operate mobile lifts with no consideration of co-workers moving around them on the site. Management simply ignored the risks.