The family of 50 year old Adrian Flores, Sr. will collect $10 million in damages according to the recent ruling of a Texas District Court. A crane operator, Flores was crushed to death while working for Gulf Marine Fabricators. Gulf Marine Fabricators is a subsidiary of Houma based Gulf Island Fabrication, a company that builds structures in the oil and gas and marine industries.
As noted in an article on Homatoday.com,
On the day he died, Flores and three other crane operators were tasked with lifting a 1,200-ton piece of offshore platform, according to court papers. As they worked, a boom on Flores’ crane loosened, throwing the load off balance and onto the cab.
During the trial, evidence was presented that six to nine cranes should have been used for the project, that the company did not devise an adequate “lift plan,” and that Flores was not made aware of the potential danger. According to trial testimony, Flores had worked for at the same job site for 10 years and was considered one of the most skilled crane operators.
Flores’ wife and six children will receive the money, which was slightly less than the jury award of $11.1 million, as compensation for the death and for their pain and suffering. In a wrongful death lawsuit, the survivors of someone who has died may be awarded compensation to cover the costs of medical and funeral expenses, lost wages, and for their pain and suffering. However, an employer is not always presumed liable if one of their employees becomes injured or dies while at work.
In order to be liable in a wrongful death claim, the defendant must be found to have acted negligently. This means that the defendant owed a duty to the injured party, breached that duty, and that the death forseeably resulted from the breach. In an employer/employee relationship an employer has a duty to take reasonable measures to those in his employ safe. As in this case, if an employer does not take adequate safety precautions he may be liable for the wrongful death.
If you have been injured or someone you love was killed in a workplace accident you may be entitled to collect compensation for the tragedy that has befallen you.
At the Berniard Law Firm, we will work hard to protect your interests.