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Wrongful Death News
OSHA Cites Miami Roofing Company After Fatal Accident
FORT LAUDERDALE, Fla. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Aleluya Roofing Co., Miami, with alleged safety and health violations following a fatal construction accident. The agency is proposing penalties totaling $154,800.
"This horrific accident could have been avoided if the employer had followed required safety procedures," said Luis R. Santiago, OSHA's area director in Fort Lauderdale, Fla. "Tragedies like this simply should not happen."
The fatality occurred Jan. 25, 2006, when an employee fell from the roof of a six-story Abbott Avenue building in Miami and was impaled on the pickets of a wrought-iron fence. The worker had been assisting the operator of a trolley hoist when the rear of the machine lifted up, causing the machine and the employee to fall to the street below.
OSHA issued one willful citation with a maximum $70,000 proposed penalty for the employer's failure to comply with the manufacturer's operating specifications for the trolley hoist. A willful citation is issued when an employer has shown an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act. An additional willful citation with a proposed penalty of $44,000 was issued because fire exits were reportedly fastened closed with lumber and blocked on four separate occasions.
Aleluya Roofing also received 11 serious citations with proposed penalties totaling $40,800. These citations included the failure to do the following: provide fall protection in a hoist area and at the edge of a flat roof; train employees to recognize fall hazards; and protect employees from an array of dangers.
OSHA personnel issues serious citations when there is a substantial probability that death or serious physical harm could result, and that the employer knew or should have known of the hazards.
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Did You Know?
Wrongful death damages depend upon certain conditions.
Wrongful death damages usually depend upon the relationship of the plaintiff to the deceased.Specific wrongful death damages available to parents include loss of companionship and mental anguish caused by their childs death.Damages for spouses will also include potential financial contributions from the deceased.
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Definition:
When different persons combine their lawsuits because the facts and the defendant are so similar. This is designed to save Court time and to allow one judge to hear all the cases at the same time and to make one decision binding on all parties. Class action lawsuits would typically occur after a plane or train accident where all the victims would sue the transport company together in a class action suit. Recent class actions have occurred against tobacco companies.
Fair preponderance
Definition:
Level of proof in a civil action; more than half; more convincing.
Comparative negligence
Definition:
A principle of tort law which looks at the negligence of the victim and which may lead to either a reduction of the award against the defendant, proportionate to the contribution of the victim's negligence, or which may even prevent an award altogether if the victim's negligence, when compared with the defendant, is equal to or greater in terms or contributing to the situation which caused the injury or damage.
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