December 9, 2022

politics of law

Politics and Law

Can I Sue for an Aerial Lift Accident? | Patrick Daniel Law

4 min read
Can I Sue for an Aerial Lift Accident? | Patrick Daniel Law

An aerial lift injury should never be taken lightly. Workers are often seriously hurt and even killed in accidents involving boom lifts, scissor lifts, cherry pickers, and other equipment.

Unfortunately, workers may be unaware of their rights if they suffer injury in an aerial lift accident. Workers’ compensation is often considered the only way your expenses will be covered after a workplace injury, but even this is not guaranteed. (It also might not be your only legal option.)

At Patrick Daniel Law, we can review your claim or claims for free and aggressively pursue fair compensation for you and your family. If you or a loved one suffered harm as a result of an aerial lift injury, please call (713) 999-6666 today. Patrick Daniel Law serves clients throughout Houston, all of Texas, and nationwide.

Are Employers Liable for Aerial Lift Accidents?

Employers who carry workers’ compensation insurance can generally not be sued when an employee is injured on the job. However, Texas does not require employers to have workers’ compensation. If an employer is a non-subscriber under Texas workers’ comp law, workers may be able to make a claim if the employer’s negligence caused the accident.

Aerial lifts are heavy equipment that can be dangerous when used improperly. Potential examples of negligence on the part of an employer that can lead to an aerial lift injury include:

  • Failure to train workers on how to use aerial lifts
  • Not providing workers with proper safety equipment
  • Failure to use a fall restraint system or fall arrest system in accordance with OSHA standards
  • Negligent supervision of workers and activities on the work site
  • Failure to inspect and maintain the lift

Many workers are unaware of their employer’s workers’ compensation coverage. An attorney can determine if your employer is insured and help you file a claim. If your employer does not carry workers’ comp, your lawyer can discuss any additional legal options you might have.

Are Contractors Liable for Aerial Lift Accidents?

Contractors and subcontractors may be responsible for the safe operation of aerial lifts on a work site. Third-party owners and operators of aerial lifts may be held liable for injuries sustained as a result of:

  • Unsafe raising or lowering of the lift
  • Tip-over accidents
  • Failure to secure the lift
  • Objects falling from the elevated work platform
  • Poorly trained workers operating the lift
  • Negligent maintenance
  • Violations of the Aerial Work Platform Standards (ANSI/SAIA A92)

Aerial lifts may be rented from a dealer or distributor rather than owned by a contractor or subcontractor outright. If this is the case, it is also important to determine whether negligence on the part of the dealer (such as failure to perform necessary repairs before renting out the equipment or failure to provide training to users when they request it) contributed to the accident.

Ultimately, aerial lift injuries can stem from a variety of different causes. To recover the compensation you deserve, it is important to consult a lawyer who can investigate the accident promptly and identify who is responsible.

Are Manufacturers Liable for Aerial Lift Accidents?

Defective aerial lifts are extremely dangerous. Multiple issues can cause an aerial lift to fail, including:

It is often difficult to know if an aerial lift accident was caused by a defect, negligent repair and maintenance, or a combination of issues. A lawyer can investigate on your behalf and consult expert witnesses to build a defective product claim against all liable parties. This may include the company or companies responsible for the design and manufacturing of the aerial lift, the owner of the equipment, and more.

Proving Liability

A knowledgeable lawyer will assess multiple factors in preparing your case. Evidence your attorney can collect to establish liability includes:

  • Witness testimony
  • Photographs
  • Worker qualifications and certifications (or the lack thereof)
  • Accident reports
  • Maintenance and inspection reports for the lift
  • Recall notices (if applicable)

Inspecting the lift for defects, inadequate maintenance, and other issues is also of the utmost importance for your case. Your lawyer will take steps to preserve the lift and any other equipment (such as fall prevention systems) so it can be examined by qualified experts.

Get Help with Your Aerial Lift Injury Case

Workers in many different industries use aerial lifts. Unfortunately, serious injuries and even fatalities often arise due to the improper operation of aerial lifts, mechanical failures, and more.

Patrick Daniel Law has extensive experience handling construction accident claims and other cases on behalf of injured workers. Our team has the knowledge, experience, and resources needed to represent you effectively and pursue the compensation you deserve for an aerial lift injury.

We are Strategic, Meticulous, and Merciless. Contact Patrick Daniel Law for a free consultation.

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