Were you hurt in a boom lift accident? If so, you are likely wondering:
Our experienced legal team can answer all of your questions.
It’s a simple fact of life that sometimes workers need to reach high places, regardless of what industry they are in. Sometimes, the area which needs to be worked on isn’t accessible by a ladder and that’s when workers are often given access to a boom lift.
There are two types of boom lift:
These lifts have a joint in the arm which allows those inside of the bucket to go around obstacles.
This type of lift sends workers straight up towards their goal.
Even though boom lifts, also known as aerial lifts, are considered safer than ladders or scaffolding, there are dangers associated with these heavy machines and every year, hundreds are hurt while on the job.
According to the Occupational Safety & Health Administration, anyone working on a boom lift should:
Unfortunately, many companies push their workers to overlook these regulations in order to save time and money and that’s when accidents occur.
An accident can occur at any time and boom lift accidents often involve:
Ceilings, overhangs, tree branches can all strike a worker in the head and cause serious damage to the skull, brain, or neck.
It’s not uncommon for lifts to take a worker into an area where electrical wires are hanging and if the worker or the metal lift comes into contact with that worker, they risk being electrocuted which can cause serious burns or stop their heart.
If the boom lift is on uneven ground or too steep of a slope, the entire structure can tip, hurting anyone who happens to be inside or in the bucket.
It doesn’t matter if a fall is caused because a worker is pushed over the edge of the bucket because they were hit by an overhead object or if the railing in place wasn’t properly secured if they fall, even a short fall can result in life-threatening injuries. Even with a safety harness on, the worker may strike a stationary object in their descent.
However, sometimes, even with all of the proper precautions and training in place, workers still get hurt because of a defect in the boom lift.
Any product, no matter how big or small, as the potential to be dangerous if there is a defect. Just of few examples of defects include those that could cause the lift to tip, could result in the bucket detaching from the arm or could cause the controls to malfunction, resulting in the loss of directional and height control. Under the law, if a boom lift has a defect which causes it to act other than it should and injuries occur as a result, the victims of the accident have the right to pursue legal action.
There are three types of lawsuits that can be filed by someone who has been injured by a defective product. This includes:
The designers of a product are required to make sure that the product they design is safe when used in the manner it was created for.
Improper temperatures, the wrong chemicals, or foreign objects can all result in a part that may look normal and safe but that won’t hold up under pressure.
Even when consumers are familiar with an object, there still may be instructions they need in order to use it properly and safely. If those instructions aren’t provided, the company may be held liable.
Plaintiffs who pursue legal action may be able to recover compensation which can cover:
The exact amount differs in each case but the compensation should be enough to cover the plaintiff’s past and future losses.
The statute of limitations is the amount of time that a plaintiff has to file before they will no longer be allowed to pursue legal action. This amount of time depends on the case. The best way to determine if the statute of limitations has passed is to contact our team of attorneys.
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