Loading docks can be very dangerous. They are filled with moving objects like forklifts, trucks, hand trucks and pallet jacks, many of which are loaded with freight, blocking the view of the operator. Even the freight itself can present a dangerous hazard when it is not stacked securely. In addition, the platform may be in poor condition, with broken flooring, poor lighting and other trip or fall hazards. With so many foreseeable dangers, those in control of the loading area have a duty to exercise reasonable care to keep the area safe and free of hazards. When the owner does not exercise reasonable care and someone is injured, the owner could be liable for all resulting injuries and damages.
Fall From Trailer While Unloading Freight
We recently represented an individual who was helping unload freight from the back of a trailer. Unfortunately, the other party was using a piece of equipment that was not designed to unload this type of freight and was not equipped to handle the weight of the load. When he attempted to move the freight from the trailer to the ground, it became unstable and fell suddenly, causing our client to suffer a serious, life-altering injury that required numerous surgeries and resulted in permanent disability. Fortunately, we were successful in making a claim and recovery for our client.
Workers’ Compensation May Not Prevent Your Personal Injury Claim
Most loading and unloading injuries occur in connection with work. When this happens, people often think their personal injury claim is barred by workers’ compensation laws or that they are limited to workers’ compensation benefits for their injuries. While this is sometimes true, it is not always the case. Even though the injury occurred during the course and scope of employment, it may have been caused by the negligence of a third party who is not your employer. If so, you may still be able to bring a personal injury claim against the third party even though you are receiving workers’ compensation benefits. For this reason, it is always wise to consult an experienced personal injury attorney any time you suffer an injury during the loading or unloading process.
If you or someone you care about was injured on a loading dock or platform, or during the loading or unloading process, contact an attorney at Burnside Law Firm for a free consultation to determine if a personal injury claim may be brought against the responsible parties for the injuries and damages you suffered.
