Cranes have remained a standard feature in construction projects. Unfortunately, accidents are frequent, resulting in losses, injuries, or even deaths. These gigantic equipment, which are so important in moving large materials up and down, are some of the major causes of serious risks when improperly used or when their maintenance is poor. You need to know your legal rights in case such an accident happens to you. This blog helps the victims of crane accidents know their legal remedies and the legal process of filing a case to seek compensation for their injuries.

Filing a Personal Injury Lawsuit After a Crane Accident

California law allows you to sue for damages if you are a victim of a crane accident in Los Angeles. Crane-related incidents may result in damages or even death, which will translate to high costs such as medical bills, loss of wages, and pain and suffering.

As a crane accident victim, you want to know what legal resources are available. Filing a claim can assist you in obtaining compensation for the injuries sustained. But it entails proving that another negligent person is liable for the mishap since you bear the burden of proof (by a preponderance of the evidence).

In crane accident cases, negligence may be attributed to several parties, including:

  • The crane operator
  • The contracting company
  • The company that manufactures the crane

A legal claim requires the plaintiff to prove beyond a reasonable doubt that the following elements:

  • The defendant owed them a duty of care
  • The defendant failed to meet this duty
  • The defendant’s failure was the direct cause of the injury

Hiring a professional personal injury lawyer may be crucial in this legal procedure and claiming the compensation you deserve.

Possible Liable Persons In A Falling-Crane Incident

If you are a victim of a falling crane, you want to identify whom to blame before seeking compensation. You could hold several people legally liable, depending on the nature of the incident.

  • Crane Operator

You could sue the crane operator for negligence if they failed to perform their duties properly or operated the crane in risky conditions that led to the accident. The operator’s negligence is demonstrated by failure to observe standards of safety and care that are expected in their line of duty​.

  • Crane Owner Or The Construction Company Employing The Crane Operator

Crane owners or companies hiring crane operators should guarantee that equipment is safe for use and the hired operators are well-trained. If negligence in executing their duties, such as failure to maintain the equipment or to train the employees appropriately, led to the accident, these parties would be held responsible. This is especially true if the crane owner did not schedule its inspections or flat-out disregarded known hazards.

  • Crane Manufacturer

If the accident occurred due to the manufacturer defect in the crane, a product liability suit can be filed. Your lawyer can argue that the crane was dangerous per se because of the faulty design or a manufacturing defect. To bring a product liability claim, your personal injury attorney should investigate the case to prove that the defect led to the accident​.

  • Property Owners

If the property owner where the crane accident occurred did not do what they were supposed to to ensure safety, you can seek damages. For example, if the property owner was aware of the risky situations that led to the occurrence of the accident and failed to prevent them, they can be held legally responsible for their suffering. This aspect of premise liability depends on the circumstances and the amount of control the property owner has over the work site.

  • Third-party Contractors

If third-party contractors operated, maintained, or assembled the crane, they might be partially liable for the accident if their negligence contributed to its occurrence. The degree of responsibility of each party will be established to identify what measures each party took or failed to take that contributed to the incident's occurrence.

Negligence

In most crane accident cases, the cause is people’s negligence in observing the necessary precautions. Several types of negligence can cause crane accidents.

Operating cranes takes work; therefore, the operators must undergo intensive training before operating the machines. When an operator is poorly trained or does not adhere to safety measures, the likelihood of an accident is very high.

For example, an operator who fails to estimate the load capacity or controls the crane incorrectly may cause the crane to turn over or drop the cargo, leading to massive loss of life.

Cranes and the attached equipment need regular checks and maintenance to ensure safety. Failure to maintain a vehicle means that mechanical systems like brakes or structural components can fail and lead to catastrophic accidents. If the company is charged with the responsibility of examining the crane or the one that receives complaints of faulty equipment neglecting to do as expected, they will be answerable for any mishap that occurs.

Construction sites are busy and always under construction, making them difficult to manage. Therefore, accidents will occur if the site supervisors do not plan the crane operation well or do not ensure that the operators follow safety procedures. For example, lifting cranes in strong winds or operating a crane on uneven areas is very dangerous without adequate measures.

Poor design and manufacture of cranes or any components can lead to accidents during operation. The manufacturer can be liable through a product liability action in such circumstances.

Negligence is a legal concept that may require a plaintiff to establish that the defendant was under a legal obligation to act carefully, failed to do so, and the defendant’s failure was a direct cause of the harm caused.

It is possible to recover for past and future medical care, loss of wages, physical and mental suffering, and other damages caused by the accident. If you retain a reputable personal injury lawyer, the case can be won, and justice will be served as it should be.

Premises Liability For Property Owners

When proving negligence in crane accidents, it is possible for other parties, like the property owners, to be held responsible. The premises liability laws in California state that any property owner owes a legal duty to maintain their property in a reasonably safe condition for use by others. This duty requires them to make sure that everyone legally on their premises is reasonably safe. If you are a crane accident victim on someone else’s property, you probably have grounds to sue the owner.

Owners are responsible for conducting regular inspections to avoid any hazards that may endanger the occupants of the property. They can be held liable if they fail to do so and you are injured. To establish a premises liability case, one is required to prove the following:

  • The defendant was either the owner or the controller of the premises at the time of the incident
  • The defendant failed in the inspection and maintenance of the premises
  • The failure led to the injury of the plaintiff

For example, if a property owner hired a crane operator to work on the property and an accident occurred through the operator’s negligence, the property owner will be held responsible. Also, if local safety measures are not observed, the property owner will be held responsible for any incidents that might occur.

Product Liability For Crane Manufacturers

One of the first things crane accident victims would like to know is whether the crane company is liable for the accident. The crane company can usually be liable for an accident or injury, depending on the circumstances that led to the accident.

Crane companies are responsible for ensuring their equipment is safe to operate. This entails routine check-ups, proper examination, and adherence to measures laid down by various authorities, including OSHA. The companies are responsible for any injuries the workers sustain if a crane accident happens due to the company’s negligence in maintaining the equipment or disregarding essential safety measures.

In addition, the duties of the crane company also include the conduct of its employees or the substandard behavior of the company's employees. For example, if a crane operator working for the company has not been well trained, is fatigued, or has not followed the safety measures and procedures laid down, then the company can be held responsible for the negligence of its employees. The company is responsible for ensuring all operators are trained, certified, and competent to work safely.

Equipment problems may sometimes cause crane accidents. When this happens, the crane manufacturer could also be liable for any losses a customer incurs. However, should the crane company have information about the defect and continue to use the equipment with the defect, they would also be held equally responsible for the accident. This is why it is recommended that equipment be checked regularly and used according to the manufacturer’s instructions and best practices.

Crane companies must also ensure safety at the site where the cranes are located. This includes positioning and anchoring the crane, ensuring the safety of the surrounding environment, and interacting with other contractors. A lack of these safety measures can make the crane company liable in case an incident happens.

Compensation Available After A Crane Accident Injury

When you suffer injuries in a crane accident, obtaining fair compensation is essential for your recovery and financial stability. The types of compensation available depend on the circumstances of the accident and the extent of your injuries. The damages include:

Pain & Suffering

Beyond the tangible financial losses, crane accident injuries often cause significant physical pain and emotional distress. This compensation caters to the non-economic impact of your injuries. This can include chronic pain, mental anguish, loss of enjoyment of life, and other psychological effects stemming from the accident.

Lost Wages

If your injuries prevent you from working temporarily or permanently, you may be entitled to compensation for lost wages. This includes the income you have already lost due to being unable to work and potential future earnings if you cannot return to your previous job or work in the same capacity. Calculating lost wages involves considering your salary, benefits, and potential career advancements that you may miss out on due to your injuries​.

Medical Expenses

After a crane accident, your immediate concern will likely cover the medical costs associated with your injuries. Compensation can cover hospital stays, surgeries, doctor visits, physical therapy, and any ongoing medical treatment you may require. This includes immediate and future medical expenses if your injuries necessitate long-term care.

Disability and Disfigurement

If the crane accident results in a long-term disability or permanent disfigurement, you may receive additional compensation. You receive this type of compensation due to the impact of such injuries on your quality of life, ability to perform daily activities, and overall well-being.

Property Damage

In some cases, crane accidents may also damage personal property. Compensation can cover the repair or replacement costs of any property damaged during the accident.

Punitive Damages

You may be awarded punitive damages when the crane accident was caused by egregious negligence or intentional misconduct. These are designed to punish the wrongdoer and deter similar behavior in the future. Punitive damages are awarded over and above compensatory damages and are more common in cases where the conduct of the liable party was particularly reckless​.

Wrongful Death

If a crane accident results in the death of a loved one, the surviving family members may file a wrongful death claim. Compensation in these cases can cover funeral expenses, loss of financial support, and loss of companionship.

An experienced attorney can help you build a strong case, negotiate with insurance companies, and ensure you receive the maximum compensation for your injuries and losses.

What If My Spouse Was Killed In A Crane Accident?

The sudden and untimely death of a spouse in a crane accident makes you overwhelmed with grief and also with numerous legal issues. You need knowledge of your rights and how to get justice after the accident.

Wrongful Death Claims

A wrongful death claim occurs when the death of an individual is due to the negligence or a wrongful act of another person. A crane accident could involve multiple potential defendants, such as the crane operator, the construction company that hired the crane, the crane manufacturer, or others involved in the construction project.

Proving negligence is key, and this typically involves demonstrating that

  • The defendant had a legal relationship with the deceased in that they had a duty of care to the deceased
  • The defendant also failed in this duty
  • The breach directly led to death. It led to damages, which in this case was death.

Available Compensation

Wrongful death compensation seeks to put the plaintiff in as good a position as they would have been if the deceased had lived and was providing for the family. These may include:

  • Medical bills that the deceased incurred before passing on
  • Funeral and burial expenses
  • Loss of income
  • Loss of consortium
  • Trauma that the surviving spouse and other family members go through

Legal Proceedings and Support

A wrongful death claim is sensitive. Therefore, it is always important that such a claim is handled with a lot of care and that the person handling it has adequate knowledge of the law. Seeking help from a professional personal injury lawyer can be extremely beneficial. They can assist in collecting the needed evidence, proving your innocence, and representing you in the negotiations or trials.

Statute of Limitations

In California, the time for filing a wrongful death claim usually ranges from two years from the date of the death. Failure to meet this deadline means losing the right to sue for damages.

Can I Sue if I Sustained an Injury from a Crane at Workplace?

You should know your legal options if you were injured by a crane at your job. In most crane accidents in workplaces, the main remedy is usually available under workers’ compensation. This system is intended to deliver benefits in medical expenses, lost earnings, and rehabilitation without establishing negligence. Workers’ compensation is based on the no-fault principle that allows the injured worker to receive compensation regardless of who is to blame for the occurrence of an accident.

But there are occasions when you can sue your employer for the tort and, at the same time, file for workers’ compensation. This often entails third-party negligence, which may be the crane manufacturer, a subcontractor, or any other party who may have contributed to the occurrence of the accident. In a personal injury lawsuit, you must prove the elements of the case, including duty of care, breach of duty, causation, and damages.

Litigation can provide more damages than workers’ compensation, such as pain and suffering, emotional distress, and punitive damages. This is especially so if the injury was serious or stemmed from another person's negligence. However, personal injury claims need more formalities and perhaps a trial. You always need the help of a good personal injury lawyer.

Sometimes, there may be a chance to file a claim for workers’ compensation and personal injury. This dual approach is commonly used where, for example, a defective crane part manufactured by a third party caused the injury. You are also entitled to workers’ compensation from your employer.

Find a Los Angeles Personal Injury Attorney Near Me

Understanding your rights and the legal avenues available is the first step towards securing justice and compensation. If you or a loved one has been affected by a crane accident, seeking the expertise of a knowledgeable attorney can make a significant difference in the outcome of your case.

At Los Angeles Personal Injury Attorney, we are committed to providing you with the best legal support. Let us guide you through this challenging time and work towards securing the compensation and justice you deserve. Reach us at 424-231-2013 to schedule a consultation and discuss your case in detail.