HARRISON DAVIS
STEAKLEY MORRISON P.C.
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Can a workplace injury give rise to a wrongful death lawsuit?

According to a recent update, the widow of a Texas construction worker is still fighting to hold the employer of her late husband accountable in a wrongful death lawsuit. After six years of litigation, the case is finally in the pretrial stage. 

The lawsuit includes several defendants: the construction firm who employed the woman's late husband, the manufacturer of the bulldozer involved in the workplace accident, and the company that sold the bulldozer. According to the complaint, the bulldozer may have malfunctioned because of a design defect. The defendants have denied this allegation, claiming that the man's operation of the bulldozer was negligent. 

A defective product in the workplace can lead to tragic results. Even a temporary interruption in wages can create a severe hardship. In this case, the fatal accident caused untold pain and suffering to the surviving loved ones, as well as the loss of future wages over the man's projected career.

Workers' compensation laws apply to some workplace accidents. However, when an injury was caused by the negligence of a third party, such as the manufacturer of defective equipment, a personal injury or wrongful death lawsuit may be available.

Fighting a large employer or equipment manufacturing company in a civil lawsuit may not be easy. Such corporate entities may have substantial resources to mount a tough defense. Their insurance carriers may also put up substantial resistance. An experienced personal injury attorney can help balance those odds. If a defective product or negligent third party caused a workplace injury, the victim or surviving loved ones should be able to pursue compensation in a court of law. An attorney can fight to obtain a just result.

Source: Southeast Texas Record, "Pre-trial underway in wrongful death suit against Caterpillar," David Yates, Jan. 12, 2015

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HARRISON DAVIS
STEAKLEY MORRISON P.C.
Attorneys At Law

5 Ritchie Rd | Waco, TX | 76712
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