Construction Safety and Trial Lawyer Skills: The case of a fellow construction worker killed by crane operation
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Today we are going to report the news of a crane accident that took a man’s life. Tomorrow we will look at it as a trial lawyer must, analytically. Between now and tomorrow you can think about where you would find useful information about the crane, information you will need to understand a large piece of equipment that most trial lawyers will never operate, but have to understand.
Here is the news report. The crane’s front outriggers began to suddenly sink into the ground which caused the crane and its boom to fall forward into a wall. As construction workers shouted warnings a welder with his mask on was unable to hear and was killed by the falling boom.
Now consider the worker’s widow comes to you asking for your help to understand if her husband’s death is compensable outside of normal workers’ compensation benefits. Where can you look to become more familiar with the crane’s operation? Assume the crane operator refuses to be interviewed.
First you need to know about the outrigger system. Crane outriggers are part of a crane’s stabilization system. For a good explanation see the diagrams and photographs or outriggers at How Stuff Works.
“The outriggers are only one mechanism used to balance the crane during lifting operations. There are also detachable counterweights that can be placed on the back of the crane on the underside of the cab. These counterweights prevent the crane from tipping forward during operation. The amount of counterweight needed for a particular lift is determined by the weight of the load, the radius of the boom and the boom's angle during operation. The 70-ton Link-Belt truck crane has counterweights that come in 4,000-pound (1,814-kg) sections. Counterweights are only used during lifts; they have to be removed before the truck can be driven. “ www.HowStuffWorks.com
Will this be enough to plead the case?
You can’t plead a case without having some knowledge negligence was likely. Without renting a crane and trying it out in your backyard, where do you get the crane operation education you need? Let’s take that up tomorrow. Until then get online, search, read, think and then do it all over again. Try thinking outside the box.
Do your homework and then come back tomorrow.