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by The Stoddard Firm - December 1st, 2023
For many young people with a passion for power tools, machinery, and the satisfaction of building things, getting to work on a real construction site is an exciting milestone.
Unfortunately, construction is one of the most dangerous professions in the U.S, and the dangers that exist for adults are often even greater for minors. Teenagers’ brains and bodies are not yet fully developed. Because of this, they’re more likely to act impulsively, underestimate risk, and have physical difficulty using equipment safely due to their different proportions. They’re also less likely to speak up if they feel unsafe following an adult supervisor’s instructions.
In addition to keeping worksites safe in general, construction companies that hire teens have a special obligation to recognize their vulnerability and keep them out of hazardous situations.
While working a summer construction job on the university campus in 2008, 17-year-old Anthony “Thomas” Puckett Jr. was crushed under an emergency power backup unit. The unit, called an inverter, was being moved with a forklift when it slipped and fell on top of him. It weighed approximately one ton.
Puckett was still alive and somewhat conscious when emergency crews arrived, but he ultimately died from his injuries under hospital care five days later.
The main contractor in charge of the project was Hardin Construction Company, LLC, and Puckett was employed by a subcontractor, William Ryan Electrical.
According to his family, Puckett was planning on returning to the university in the fall as a student. Unfortunately, because his summer job put him in the middle of a particularly dangerous construction maneuver that then went wrong, he was robbed of that opportunity.
When everyone puts due diligence into keeping construction workers safe, projects get finished, and everyone gets to go home. When that doesn’t happen, an investigation becomes necessary, to determine who made the fatal mistake, or if there were multiple contributing errors.
Here are just a few questions that definitely should have been asked in the wake of Puckett’s death.
1. Did Hardin Construction or William Ryan Electrical illegally allow Puckett to work on tasks that were too dangerous for a minor?
Federal law does not allow teenagers to operate forklifts or similar hoisting rigs. In most cases, teenagers may not even assist with these tasks.
2. Did Hardin Construction fail to control the worksite and enforce safety regulations?
Obviously, while protecting minors in the workplace is especially important, Puckett being a few months older would not have made this incident okay. Being struck by objects is one of the “Big Four” causes of serious injury and death for construction workers. Construction companies have a responsibility to do what they can to protect workers of all ages from this threat.
Specifically, construction companies should not allow anyone to stand near a suspended load unless they are actively needed to assist with the maneuver, and no one should ever be directly under the load.
3. Was the forklift itself unnecessarily dangerous?
It’s not clear what actually caused the inverter to fall from the forklift. If some part of the forklift failed, or had inadequate traction, the manufacturer could be partially or wholly liable for Puckett’s death.
Although the Puckett case is now outside the statute of limitations, it stands as a powerful example of the kinds of pointless tragedies that happen all too often in the construction industry, whenever corners are cut.
If you have also been injured or lost a loved one, especially a child, to a forklift or construction accident in Georgia, reach out to the Stoddard Firm to learn about your options.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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