Wrongful Death: August 2009 Archives

August 11, 2009

Boy Tragically Killed By Father During A Construction Accident On The South Side of Chicago

On August 11, 2009, Raul Torres, owner of Torres Construction, hauled a load of dirt in a Bobcat front loader toward a dump truck parked at a construction site in Chatham on the South side of Chicago. His company was repairing a basement floor in an apartment building that's being converted into condos. His son, Valente Torres, was playing on the sidewalk. The loader's back wheels rolled over the curb and the heavy steel bucket filled with dirt suddenly slammed toward the ground fatally crushing Valente's skull, according to a witness.

I read this article in the Chicago Sun Times and couldn't help but think of all the times I have brought my son, Zack, to work with me. Unlike Mr. Torres, I work in an office setting where the risks of workplace injuries are much lower. This unfortunate accident highlights the reasons why any construction site has the potential to be dangerous, and it is crucial that safety guidelines, including all OSHA regulations, are followed.

osha-logo.jpg OSHA regulations have been put in place by the United States Department of Labor with the purpose of providing a safe workplace for workers and those that find themselves in close proximity to construction projects. All of the regulations for workplace safety can be accessed through the
US Department of Labor website.

I recently resolved a workplace accident case where an experienced Chicago Laborer was seriously injured while working as a bottom man assisting in the installation of sewer pipe. Although my client was not operating the Target Pro 65 III Concrete Walk Behind Saw, he was in the zone of danger when the 36-inch diamond blade became a projectile and struck his left arm, severely injuring his left ulnar nerve. We brought a lawsuit against the general contractor on the job site and

claimed that they violated certain OSHA regulations that governed workplace safety when a concrete walk behind saw was being used.

This Torres case is tragic, yet I see little doubt that there is a cause of action for wrongful death of Valente Torres. The mother of Valente Torres could bring a cause of action against Torres Construction seeking compensation for the wrongful death of her son caused by the negligence of the company's employee. There is likely to be insurance to cover the negligent acts of the employees of Torres Construction. There may also be additional defendants that could be culpable based upon the results of the investigation as per how the bobcat functioned and whether any other company had a duty to provide a safe workplace. I wish only the best for the Torres family. Accidents do happen. Personal injury actions seek compensation for injuries suffered. Wrongful death actions seek compensation for the death of a loved one. In my opinion, this is the type of accident, although very unusual, that Torres Construction would be insured against.

Sources:

Chicago Sun Times - Boy killed by father at construction site was 'a sweet, loving kid'

Bookmark and Share