Widow Files Wrongful Death Suit for Husband Killed by Lightning on Job Site
In Indianapolis, tragedy struck at the Indiana State Fair when numerous people were killed or injured by a stage collapsing in stormy weather. This incident sparked a large number of lawsuits blaming various individuals and companies for the death and injury of innocent concertgoers. With so many people involved in the fair and the concert, determining who was ultimately at fault could prove to be challenging.
In a more recent tragedy, one man was killed and two others were injured in September 2011 when they were struck by lightning while working at a construction site. The two surviving victims remember watching the lightning approach the site and becoming nervous. But they were told to keep working, so they did not take shelter right away. They did finally leave the site, caring more about their safety than their jobs. But it was too late. As they were headed toward shelter, a bolt of lightning struck an 800-foot-tall crane, sending electricity through all three men. The victim who did not survive was hit the hardest because he was holding a metal bucket of concrete in his hands.
The victim’s wife has filed a wrongful death lawsuit against two of the construction companies involved in the project. The suit claims that the companies should have had the victim take shelter because of the dangerous weather that was evident both in the forecast and the lightning that was flashing through the sky. The companies are denying responsibility, saying they cannot control Mother Nature.
One of the companies has responded verbally to the lawsuit saying “We were not cited or found to be at fault by any entity investigating the incident last year, including OSHA." Even if this is true, that still does not mean filing the wrongful death lawsuit is a lost cause. If the case makes it all the way to trial, the judge and maybe a jury will hear the facts from both sides and will draw their own conclusions as to whether or not this tragedy could have been prevented. It is true that no one can control the weather, but it may be determined that there were enough warning signs to warrant bringing the workers off the site and into a safe place to ride out the storm.
The other two workers injured in the storm have filed separate lawsuits, most likely claiming negligence. Their suits allege that they are still in pain eight months after the accident and they will most likely seek damages for issues such as lost income, medical bills and pain and suffering.
While this particular incident occurred at a job site in Philadelphia, it could happen anywhere at any time. If you are injured, don’t hesitate to call a Kentucky personal injury attorney to determine whether or not you have a case. Attorney Steve Frederick has been helping Kentucky residents assess their personal injury claims for years and offers a wealth of knowledge in this emotional, and sometimes confusing, matter.
Worker’s widow sues in AC casino lightning death; Associated Press; Wayne Parry; April 4, 2012
Lawsuit filed in lightning strike death; NBC10; Lauren DiSanto and Ted Greenberg; April 4, 2012