Crane accidents are serious, causing injuries that may alter or end a life. People who are victims may have medical bills, lost wages, permanent disabilities, and emotional pain. With so many cranes in California's construction industry, the risks of catastrophic accidents remain significant. When these incidents happen, they cost those involved a lot of money and personal losses. Fortunately, California law allows victims to pursue compensation through personal injury or wrongful death lawsuits.

When responsible parties are held accountable, you can receive damages to help pay for medical expenses, lost wages, and the pain you have endured. If a crane accident has affected you, your loved one, or both, you should know your rights to recover compensation. The information below explains this.

Suing for Injuries Caused By a Crane Accident

In California, you usually have two years from the date of your injury to file a personal injury lawsuit. This time frame ensures cases are handled while evidence remains available and witness memories remain clear. If the injury or cause was not immediately apparent to you, the discovery rule could allow you to file within one year of discovering the injury but no later than three years from the injury. If a minor or a legally incapacitated person is the victim, the period can be suspended until they turn 18 or regain capacity. Thereafter, it will be a two-year window.

You must meet the burden of proof to win your case. You will have to prove negligence by showing that it is more likely than not that the defendant’s actions or inactions caused your injury. You will need to show that the defendant owed you a duty of care, breached that duty, and that the breach caused your injury. Moreover, you must prove you suffered damages, including medical bills, lost income, pain and suffering, and reduced earning capacity.

You should gather compelling evidence to back up your claim. Key evidence can include:

  • Photos of the accident scene
  • Crane maintenance records
  • Inspection reports
  • Medical records of your injuries
  • Expert reports on safety violations

Your case can be further supported by statements from witnesses and any record of past safety issues. Showing irrefutable evidence will bolster your chances of getting fair compensation for your losses.

Who Is Liable in a Crane Accident?

Pursuing your claims requires you to determine liability. Examining what caused the accident will help you determine who is responsible for the accident. Because multiple entities often play a role in a construction project, any person or entity whose negligence contributed to the accident can be named a defendant in your lawsuit. Common defendants include:

  • Construction company — If a construction company fails to implement or enforce safety protocols, it might be responsible. Construction companies must create a safe working environment, conform to regulations, inspect the site regularly, and train their workers according to the law. If these areas fail, there could be a serious accident for which it will be liable.
  • Property owner — A property owner may also be liable under premises liability law. Property owners must keep conditions safe for use. They could be liable if a dangerous condition on their property caused the accident. This applies whether the property is privately owned or run by commercial managers.
  • Crane manufacturer — If the crane itself malfunctioned and the crane injured someone, then the crane manufacturer may be liable under product liability law. Crane accident claims occur when a crane’s design flaw, manufacturing defect, or ineffective safety warnings cause it to malfunction. In a product liability case, you will not have to prove negligence. You just have to show that the product was defective and that defect resulted in your injury.
  • Crane operator — Another common reason behind accidents is the negligence of a crane operator. You could sue the operator if the incident happened due to improper handling, lack of skill, or failure to follow safety protocols. California regulation states that crane operators must have specific certifications, which can increase liability.
  • Crane maintenance personnel — The crew may be responsible if the crane malfunctions due to improper inspection or maintenance. If proper maintenance is not done regularly, mechanical failures can occur. If they caused the accident by negligence, they will be liable.
  • Architects or engineers — If a fault in the design or oversight contributed to the crane collapse, the architects or engineers involved in the project may bear responsibility. These professionals are responsible for ensuring the project is structurally and safety-wise sound. If their planning or overseeing fell below the required standard of care, they can be included in your lawsuit.
  • Contractors and subcontractors — Contractors and subcontractors working on the site could be liable if their work causes unsafe conditions or mechanical failure. Every contractor or subcontractor is responsible for the safety of their workforce and compliance with safety standards.
  • Inspectors — The inspectors ensuring safety on the site might also be held liable. Had they performed the inspections or failed to act on something they knew, their failure may have caused the accident. If site inspectors are negligent, it could lead to disastrous consequences. Inspectors help maintain safety.
  • Government agencies — Sometimes, if construction is unsafe due to regulatory oversight failures or unsafe public construction projects, government agencies can be involved in the dispute. To sue a government, you must file a government claim within six months of the accident, among other specific rules.

Legal Claims You Can Pursue

Accidents involving cranes, tower cranes, or derricks present significant legal challenges. Plaintiffs often file claims under three main legal categories:

  • Negligence
  • Premises liability
  • Product liability

Depending on the circumstances of the accident, each path has different ways for you to seek compensation for your injuries and losses.

  1. Negligence

Negligence is a crucial part of most crane accident lawsuits, and it may be the basis by which you can recover damages if you are injured due to unsafe practices. To win this claim, you will need to show four issues, namely:

Duty of Care

Crane operators must take all reasonable steps to avoid causing injury to others. This duty is particularly applicable when an operator who causes injury breaches it. Following safety rules, mainly formulated by OSHA (Occupational Safety and Health Administration), is a key part of this duty. 

OSHA mandates that cranes must have structure and design approved by an accredited organization for safety purposes. OSHA’s maintenance schedules also apply equally to the operator and related parties. These schedules must be inspected regularly to ensure crane safety. OSHA rules also state the load limits and precautions when operating near high-voltage lines and using safety devices like load moment indicators, which are all critical parts of this duty.

Parties who could be deemed negligent include:

  • Operators
  • Contractors
  • Maintenance crews
  • Project managers
  • Property owners

Breach of Duty

A breach occurs when the individuals responsible for crane operations fail to uphold their duty. Common violations include:

  • Running cranes without proper certification
  • Failing to implement the equipment maintenance requirements of OSHA 1926 Subpart CC. This governs cranes and derricks in construction.
  • Disregarding load charts and safety devices
  • Operating too close to power lines without complying with OSHA safety procedures

Causation

To claim injury, you must show that the breach directly resulted in your injury. For example, you could state that the crane broke down because it was overloaded, contrary to OSHA load limit regulations. You can assert that this breach directly caused the accident. You may need accident reconstruction or expert testimony to show that the accident would not have occurred if the defendant had followed OSHA standards.

Damages

You must show that you suffered actual harm as a result of the negligence.  This could be anything from an injury you sustained to medical bills, lost wages, loss of potential future earnings, pain, suffering, and emotional distress.

The doctrine of Respondeat Superior adds another layer of liability. An employer can be held vicariously liable for damages caused by his/her employee's negligence if it occurred within the course of his/her employment. This means that if the employee was negligent in operating the crane, then the employer is to be held liable.

Note: California uses a “preponderance of the evidence” standard to determine the burden of proof for negligence claims. You must demonstrate that the defendant’s carelessness likely caused your injuries or losses. This standard is easier to meet than the “beyond a reasonable doubt” standard in criminal cases, making negligence claims easier to prove in civil court.

To establish a strong negligence case following a crane accident, gather sufficient evidence, including training records, maintenance logs, and incident reports demonstrating violation of regulatory standards. Expert witnesses may also be pivotal in explaining how following the regulations could have prevented the accident. Reviewing past OSHA fines imposed on the defendant may also help show a history of safety negligence.

Premises Liability

Hazardous conditions on a property that contribute to a crane accident may bring about a premises liability. California law requires property owners to keep premises safe for lawful visitors. If unsafe conditions, unstable grounds, or unaddressed obstructions result in a crane accident, the owner of the property will be liable for the accident.

Situations where premise liability may occur include:

  • The property was inadequately prepared for crane operations
  • There were no safety barriers or warning signs
  • The accident happened because they did not deal with known hazards

To win a premises liability case, you need to show that the property owner either knew or should have known about the dangerous condition on their property and failed to mitigate it.

Product Liability

When the crane has a defect that causes an accident, that can lead to a product liability claim. California laws allow you to make claims through three key categories:

  • If the crane’s design is inherently unsafe for its intended purpose, the manufacturer is liable for design defects
  • If a manufacturing defect occurs during production, it will make a crane unsafe, and the manufacturer will be liable.
  • Crane manufacturers must warn about operating dangers to avoid legal liability if not followed. Failing to warn users could result in liability for an accident.

You can file a product liability claim if the product is poorly designed or manufactured. In strict liability cases, you do not need to prove negligence. You only need to show that the crane was defective and that it caused your injuries.

Should You File a Workers' Comp Claim or a Lawsuit After a Crane Accident?

After a crane accident, you can seek workers’ compensation or file a lawsuit. Determining which option to pursue hinges on numerous factors, including the nature of your injury and the parties at fault.

California’s workers’ compensation is a no-fault system that lets injured workers access benefits like medical care, wage replacement, and rehabilitation. After a work-related injury, worker’s compensation provides benefits without requiring you to prove negligence. This is usually the first step after an injury.

If you are hurt in a crane accident, you may qualify for these benefits by notifying your employer about the accident usually within 30 days, though you have up to one year to make an official claim. First, you will file a claim form and undergo a medical evaluation to assess your injury. You will then receive benefits based on your particular condition. You may receive temporary disability payments while you recover or permanent disability benefits if your ability to work is permanently impaired.

Workers’ compensation does have limitations. It usually stops you from suing your employer for negligence. However, you can sue in certain exceptional cases. If any non-employees of the company, like crane manufacturers, contractors, or property owners, had some fault in causing the accident, you might have a sound third-party negligence case. This lawsuit allows workers to receive compensation for issues like pain and suffering that workers' compensation does not pay for. Furthermore, you may bypass the workers' compensation exclusivity rule and file a lawsuit against your employer if he/she intentionally harmed you or ignored safety rules out of gross negligence. If an employer’s actions are reckless, the injured employee can be compensated in advance, apart from the workers' compensation.

When contemplating a lawsuit, timing is important. If there is an evident fault on the part of a third party, it makes sense to consider the legal route immediately since California law allows personal injury lawsuits to be filed only within two years from the date the accident occurs. This ensures you do not miss the window for filing a claim.

Filing a lawsuit against a third party does not prevent you from receiving workers' compensation benefits. However, a lien comes into effect after you receive a settlement or award in a lawsuit against a third party. This lien gives the workers' compensation insurer the legal right to be reimbursed for the benefits they have paid on your behalf. While it can get quite complicated, you can think of it this way: the workers’ compensation insurer will take some of your lawsuit proceeds to compensate them for what they have already expended on your compensation claim. Before you receive your share of the lawsuit money, the insurer will subtract what they paid you in benefits so they do not pay twice for the same injury.

Your lawyer will inform the worker's compensation insurer of your case and any settlement or verdict you may receive because the insurer has a lien on such funds. The exact amount of the lien may be negotiated. The lien might be reduced based on the situation, the legal provisions, or your agreement. For example, if any damages in your lawsuit recovery are not covered by worker’s comp, like pain and suffering, or if your worker’s comp benefits did not fully cover your losses, your lawyer may negotiate a reduction of the lien.

You do not pay anything until you win your case or the courts award a judgment. Once you win, the lien amount is paid directly to the workers’ compensation insurer from the settlement or judgment funds. Your net recovery is what is left after the lien is paid.

The process of lien allows your workers' compensation insurer to be repaid whatever they paid out while giving you the right to claim damages that are not part of workers' compensation, like pain and suffering or punitive damages. However, it does mean your net recovery from the lawsuit may be less than the total awarded or settled amount.

Most importantly, you need to evaluate the financial impact of your injury. If workers’ compensation pays you less than you need to cover the costs of your injury, especially in the case of serious or long-term injuries, a lawsuit can help you recover more money. This may include pain, suffering, and other costs that worker's compensation does not cover.

Pursuing Wrongful Death Lawsuits After a Crane Accident

If your loved one dies in a crane accident, you can file a wrongful death lawsuit if you meet the legal standard. Eligible claimants include the deceased's:

  • Spouse
  • Domestic partner
  • Children
  • Parents, provided there are no surviving children or spouse

Sometimes, a person who was financially dependent on the deceased could also file. Typically, wrongful death lawsuits are based on negligence, unsafe working conditions, or product liability, depending on the circumstances that caused someone’s death.

Find a Personal Injury Attorney Near Me

Crane accidents can cause life-altering injuries and can even result in death in some cases. When these accidents happen, personal injury lawsuits and wrongful death claims can help you get compensated for the damage and loss you have suffered. These legal avenues help cover medical costs along with lost income, emotional pain, and even funeral fees and income support for dependents in the case of wrongful death. However, negotiating workers’ compensation and lawsuits can be complicated. Knowing when to sue, how to manage claims, and meeting all legal requirements is crucial for maximizing your recovery. This is why you should have an experienced attorney by your side. At The LA Personal Injury Law Firm, we are ready to help. Call us at 310-935-0089 for a free case assessment.