February 19, 2009, Redmond, Washington
On Thursday a man was killed on a Microsoft construction project in Redmond. The man was identified as Randy James Beutel, age 23. According to reports, the man was killed when thousands of pounds of rebar fell on top of him. He was crushed to death and suffered a skull fracture.
As is customary for all construction injuries and fatalities, the Washington State Department of Labor and Industries (L&I) is investigating the accident. L&I officials reported that the victim worked for the company known as RPM Steel of Auburn. RPM Steel is a subcontractor to the Turner Construction Company.
In these types of cases, the General Contractor (GC) has the primary obligation to maintain safety standards and to prevent hazards on a construction site. This duty cannot be delegated to another subcontractor. In this case, the victim was apparently working for a subcontractor. So the question is whether his death was caused by some act or omission by Turner Construction Company. If there is evidence to show that Turner failed to exercise ordinary care, then a wrongful death claim may likely be pursued against Turner.
Wrongful deaths in construction zones are complex cases. It is absolutely imperative that investigation begin promptly and that experts be retained early on. Often times the powerful construction companies and their insurance companies will retain the most qualified and astute experts in an effort to stall or even prevent a successful claim by the victim.
I have written extensively in prior posts about Washington state’s wrongful death laws. These laws are also complex and may only allow claims in certain fact patterns. The damages recoverable under these laws are specific and narrow. For this reason, it is usually necessary to hire appropriate experts in the fiels of economics, psychology, vocational, and medicine to prove the extent of damages suffered by the deceased, the estate and the survivors.
My heart goes out to this young man’s family. What a horrible way to die. Based on my review of the reports so far, it appears this tragedy was preventable.
