A dump truck worker sustained injuries on January 10, 2019 after a ladder malfunctioned on the dump truck he was operating. The worker filed a lawsuit on April 16, 2019 in Harris County against Strong Industries, Inc. (“Strong”), the designer and manufacturer of the dump truck.
According to the petition, the worker was employed as a dump truck driver and was responsible for the operation of a Peterbuilt dump truck equipped with Strong’s dump box. The petition further alleges the dump box was designed, manufactured and sold by Strong. The dump box included a ladder on the driver’s side also manufactured and designed by Strong with the intended purpose of “allowing anyone using the truck to climb up the side of the dump box.”
The petition further explains that on the day of the incident, the worker was hauling wet concrete to a construction site and in attempt to clean the dump box for the day, climbed the ladder to pull free a tarp that would not allow the dump box to shut. The worker lost his footing once near the top of the ladder, holding the rungs in both hands and as his “weight shifted downwards [and] the ring on his left middle finger caught on the square ties of the ladder rung.” The worker was forced to the ground while his middle finger was ripped from his hand, including the tendons that detached at his elbow because they remained lodged between the tines in the ladder rung up above him.
The worker is seeking damages and compensation for his past and future medical expenses; past and future physical impairment; past and future pain, suffering and mental anguish; past and future physical disfigurement; and loss of enjoyment of life, among other damages. The worker has sued the dump truck manufacturer and designer under theories of negligence, strict products liability, and breach of implied warranty. In his petition, the worker alleges Strong is responsible for his injuries because Strong failed to design the ladder correctly, failed to test the ladder correctly, and failed to warn foreseeable users of the present dangers and potential risk of harm associated with using the ladder, among others. The worker is seeking monetary relief in excess of $1,000,000.
If you or someone you know has been injured as a result of the negligence of others, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner. Abraham Watkins is the oldest personal injury firm in Texas, and our attorneys are standing by to assist with your claim. Our attorneys have the knowledge, experience and resources necessary to obtain just compensation their clients. Please call us today at (713) 222-7211 or toll free at 713-222-7211 for your free consultation.