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My son fell from an aerial lift at a construction site in Philly. He is really hurt. Can we sue?

 

A:

It depends.  In Pennsylvania, employers and contractors who use aerial lifts to perform any type of work must comply with OSHA’s standards with regard to aerial lifts. The regulations require workers who use aerial lifts to use a harness or a fall protection system to prevent them from falling and getting injured. 

Related: Importance Of Fall Protection While Working From An Aerial Lift

If your son had a harness or a fall protection system but fell because the harness or fall protection system was defective or did not work like it was supposed to, then he may sue the manufacturer of the harness or fall protection system.  This is called a products liability lawsuit.  The argument in such a products liability case is that if the harness or fall protection system worked properly, your son’s fall may have been prevented.

There also could be other parties beyond the harness manufacturer who may be responsible for your son’s fall and resulting injuries, such as a seller or a part manufacturer.  Therefore, careful investigation is needed to identify other liable parties.

If your son’s employer did not provide a harness or a fall protection system, he may be able to sue the employer under very limited circumstances under Pennsylvania law.  This will require a careful investigation of the facts surrounding his fall. See Can You Sue Your Employer In PA For A Workplace Injury?

Regardless of whether your son can sue other liable parties, your son can file a workers’ compensation claim for the injuries he sustained while he was working.  Pennsylvania’s Workers’ Compensation Act provides medical expenses and wage loss compensation for workers who sustain job injuries or work-related injuries.

Determining other appropriate liable parties is very complex, and it is important to discuss your son’s case with a personal injury lawyer in Pennsylvania who knows OSHA standards and the law for a products liability claim.

Feel free to give my office a call to schedule a free initial consultation. 877.944.8396


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