Unfortunately, accidents often happen in the workplace. However, employers should take steps in order to reduce the chances of these accidents from happening. At the very least, they should try and make sure that their mistakes won’t cost the lives of their employees. Sadly, some employers do not consider this. An example of this happened back in 2016. Roger Carson was at a worksite while being employed by Henderson Bros, Co. who was being subcontracted by Tobin Brothers, a plumbing company, who was subcontracted by William Brothers Co. If the number of contractors wasn’t confusing enough, things get further complicated.
Carson was instructed to do some pipe testing by Tobin Brothers. They gave him a joint tester and sent him on his way. Now, Mr. Carson was not a plumber. He was given no training on how to use this tool. Knowing this, Tobin Brothers still instructed Carson to conduct the test. While doing this test, a rubber bladder in the tool burst open. Carson was struck in the head and arm. He died of blunt force injuries a few days later.
While another lawsuit separate from this one showed that the maker of the tool was partially liable for their defective product, that didn’t let the three contractors off the hook. The fact of the matter is that Carson should not have been using the tool in the first place. He was given no training on how to use this product. Because of that, he would have no way of knowing something was wrong with the tool. This tragic act of negligence cost Carson his life.
As a result of this, Mr. Carson’s family sued the three contractors and won a total of $5.5 million after three years of fighting with these companies. While this will not make up for the tragic loss they have endured, we hope this will help bring some closure to the family.
Wrongful Death Litigation
A wrongful death claim is substantially different than a normal personal injury case. Due to the complexities surrounding the burden of proof, it is important to have an attorney that is experienced with navigating the case law that is required to successfully present a case. Whereas with a personal injury case, the soft records of the injury can be used to provide documentation of the damages, in a wrongful death claim that type of documentation is not as easy to obtain. Having an attorney that can fight for the appropriate amount of compensation to assist the living beneficiaries with life after the person’s death is something that takes skill, compassion, and knowledge of the law.
If you have questions about filing a wrongful death claim, finding the right representation is essential. Our team of attorneys has vast experience in wrongful death claims. We will do everything that we can to get the best possible result for the family members left behind. Call The Texas Law Guns at our San Antonio office or contact us online for a consultation so that we can show you how our expertise can work for you.