Concrete pump failure kills construction worker

The failure of the boom on a concrete pumping truck has resulted in the death of a Florida construction worker.  The man was working on a condominium project and was assisting with the puring of concrete using a concrete pumping truck.  The truck has boom through which concrete is pumped to the place where it is poured.  The boom collapsed, landing on top of the construction worker and crushing him.

This family is entitled to worker's compensation benefits from his employer, but should also act quickly to investigate whether there is a third party liability case against another person or entity.  Clearly, the boom should have been designed to handle the weight of the concrete -- after all, that was its intended use.

The failure of the boom would lead an experienced personal injury lawyer to consider three things: (1) that there was defect in the design of the concerete pump, (2) that there was a defect in the manufacture of the concrete pump, or (3) that there was inadequate maintenance of the boom.  If any of the three were true, this would be the basis for a possible third party liability case.  If there were defects in the design and/or manufacture of the concrete pump, then the third party liability case would be against the manufacturer.  If there were manitenance issues, then the case would be against the maintenance contractor.  This is of course assumes that the maintenance was done by a contractor, because if it was done in-house, the exclusive remedy would bar the family from suing the employer for anything beyond worker's compensation benefits.

This family would be well-advised to hire an experienced personal injury lawyer to act quickly to preserve the remains of the concerete pump so that the cause of the failure of the concrete pump can be determined.  Then the family will know whether it has a third party liability case.