Family of Worker Killed in Scissor Lift Accident may have case for Wrongful Death Claim
The family of an equipment transport employee who was killed on Monday outside of the Kravis Center after a piece of heavy equipment fell on him may have a case to file a wrongful death claim.
John Trevor Whiting of Stuart, an employee of All Florida Transport Services of Lake Park was moving a wheeled scissor lift weighing more than 1,500 pounds from the artist’s entrance at the Kravis Center to a truck. As he guided the Genie AWP-40s lift toward a flatbed where it was to be loaded, it fell over, trapping him underneath. Although coworkers and police officers managed to lift the equipment off Whiting, he died shortly after the accident that occurred at approximately 9:00am, according to West Palm Beach Police spokesperson Mike Jachles.
Longtime Company Employee remembered as a hardworking, “Good” Man
According to friends, Whiting, who want by “Jay,” was an “amazing human.”
“He would help anyone, anywhere,” said longtime friend, Anne Pape. “When my dad passed away, my dad asked him to always take care of me, and he did. It didn’t matter where I was or what I was doing, he was always there.”
Whiting had been employed with All Florida Transport Services since 2000. Pape said the family will lay him to rest this weekend. Authorities confirmed that OSHA is investigating the accident. The Palm Beach County Medical Examiner’s Office will determine the cause of death, and while the investigation remains open, no charges are currently pending.
What is A Scissor Lift and what Dangers do they Pose?
A scissor lift is a mobile scaffold used to raise people and materials, The platform goes up and down using crisscrossed beams that move in a scissor-like way. Scissor lifts are classified by OSHA as mobile-supported scaffold work platforms rather than aerial lifts because the lifting mechanism moves only vertically. A handful of accident scenarios are responsible for the vast majority of injuries and deaths that result from scissor lift/aerial lift tragedies. Here are some of the most common:
1. Tip-Overs
If a scissor lift isn’t properly balanced, or if it is overloaded, tip-overs can happen. It is crucial for operators to maintain proper loading techniques and ensure the lift is supported by stable ground. Operating in an unsafe environment is a recipe for disaster.
2. Defective Equipment
Regular and thorough checks of the equipment are essential to ensure defective gear does not cause an accident or fatality. Operators should check for such things as malfunctioning pneumatics, frayed wires, and damaged safety straps as part of an effective safety plan.
3. Unstable Ground Conditions
Avoiding accidents starts from the ground up – literally. ANY aerial work platform requires a solid, stable surface to work on. Mud, water, inclines, and other hazardous conditions should always be avoided.
4. Falls
Falls are the most common cause of scissor lift fatalities. They happen due to operator negligence, carelessness, and not using proper safety restraints. To help ensure safety, OSHA recommends the use of safety harnesses at ALL times.
5. Ignoring Operational Guidelines
Operators should ALWAYS heed guidelines outlined in both the equipment manufacturer’s manual and the employer’s safety guide. To avoid accidents, operators must have a solid understanding of their equipment and surroundings.
GOLDLAW’s Chief Legal Officer Spencer Kuvin has litigated a number of accidents involving scissor lifts and other heavy construction equipment, and knows first hand the dangers posed by the equipment:
“Scissor lifts can be incredibly dangerous if they are not used correctly, or alternatively, if they are not designed correctly by the manufacturer. These lifts, when fully extended to their upright position, must be stabilized with legs that keep the lift from tipping over. The design of these pieces of equipment must require a mandatory interlock device which prevents the lift from being raised without extending the legs to their full position. Failure to have a proper interlock device is a defect that can prove deadly.”
If You or a Family Member has been Injured in an Accident involving a Scissor Lift or other Heavy Machinery, GOLDLAW can help…
If you or a loved one has been injured in an accident involving a scissor lift or other heavy machinery, why should you contact the experienced personal injury/wrongful death lawyers at GOLDLAW?
