“This case had some serious loose ends, and the family, worried that this type of accident may happen to other workers at the same facility, opted to file a wrongful death lawsuit,” explained Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.
The young man involved in this case was only 20-years-old when he died at work, his head allegedly crushed by a wave generator he was working on. The family has filed court documents demanding answers for his sudden and inexplicable death at a job he had only been at for a few months. The results of the young man’s autopsy indicated he met his death as a result of severe face and head trauma. The family wants access to the maintenance logs and blue prints for the wave generator, evidence in relation to the accident, in particular video surveillance footage, and information dealing with the make, design, sale and installation of the generator in the water park.
According to police reports, the 20-year-old man and a 27-year-old colleague were working on the wave pool, with the mechanical door hanging overhead. Without warning, the heavy door slammed down, pinning the older employee and crushing the younger man’s head. Although he made it to hospital alive, he died two days later. The accident report did not make clear if there had been a mechanical failure of the overhead door or of the paddles that generated the waves. “This is one reason why the family’s attorney would be asking for blue prints and log books for the equipment,” explained Schuelke.
On the face of the evidence, this could be deemed to be a freak accident. Depending on what the maintenance logs reveal, and how the equipment was installed and maintained, this could be negligence in the form of improper maintenance, and improper training for workers to fix the machine.
“While the information and the lawsuit will not bring this young man back, it may send a message to the water park owners that they ‘must’ maintain a safe workplace for their employees, and part of that means properly and regularly maintaining park equipment,” added Schuelke. The lawsuit may also prevent anyone else from being hurt or killed in a similar manner.
Perlmutter & Schuelke, LLP
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944