A gentlemen working for a tree service in Winston-Salem was killed on Monday. The accident happened while the man was trimming trees near the Silas Creek Parkway. Apparently, the bucket lift he was operating malfunctioned and the boom arm failed sending the gentlemen into a creek.
The North Carolina Department of Labor and OSHA are apparently investigating the accident.
This terrible accident should be thoroughly investigated for a possible claim against the manufacturer of the lift bucket. Recent changes to North Carolina laws may allow the victim to pursue a claim against the manufacturer for a defect in the the design or formulation of the lift bucket even if the lift bucket is many years old. Effective October 1, 2009, North Carolina’s statute of repose for claims for defective products was increased from six to twelve years for actions that accrue on or after October 1, 2009. N .C .G .S. 1-46.1(a)(1) .
If you have a question about a North Carolina defective product claim, contact the lawyers at Hendren & Malone for a free consultation.