San Francisco Mechanic’s Death Prompts Cal-OSHA Investigation
A mechanic working on a bus at a maintenance yard in the Bayview district suffered fatal injuries the morning of December 15, 2011, when the bus rolled over him. Fifty-eight year-old Walter Pietilla was working under the bus’ hood when it apparently rolled off the support ramp and pinned him underneath, crushing him to death. The reason for the accident remains unknown. The bus and maintenance yard are owned by San Francisco-based Cal Experience LLC, which provides “party bus” services.
Cal-OSHA is Investigating the Tragic Death
Cal-OSHA, California’s workplace safety agency, is investigating the incident to try to determine what caused the bus to roll off of its support ramp. It will review the company’s safety procedures and will interview employees and managers regarding how safety procedures are carried out and how employees are trained. Cal-OSHA has stated that Cal Experience has no prior history of workplace violations. If Cal-OSHA finds that the company is in violation of state workplace safety rules, the company could face fines ranging from the hundreds to thousands of dollars. The results of this investigation will help determine the legal rights and obligations of both Cal Experience and the worker’s estate.
Employees Injured On The Job Ordinarily Pursue Damages Through Workers’ Comp
News reports do not indicate if Pietilla was an employee of Cal Experience, if he was employed by a company contracted to Cal Experience, or if he worked in some capacity as an independent contractor. Employees who suffer injuries on the job must ordinarily pursue damages through the workers’ compensation system. This allows for employees to claim damages for injuries sustained while performing work duties, but it often limits damages and involves a great deal of administrative work.
Work sites may involve a variety of companies contracted to one another, and it is not always apparent which workers are employed by which company. A claim under the theory of third-party liability may be possible when a worker suffers an injury caused by someone who is not the worker’s direct employer, such as a subcontractor, or when the worker is an independent contractor.
Property Owners Often Have Liability For Injuries
An owner or manager of property often has liability to people injured by dangerous conditions on their property, under the legal theory of premises liability. This could include liability for failure to repair a defect or damage on the premises, or failure to reasonably provide for the safety of people working on the premises. A worker injured on the job, in the absence of a workers’ compensation claim or a claim under third-party liability, might have a claim under a premises liability theory against the person or business that has control over the premises themselves.
What’s the Difference Between Filing a Civil or Criminal Case?
These theories of liability all address recovering damages to compensate for injuries. In a situation where an accident takes a person’s life, the person’s relatives or heirs may be able to bring a claim for wrongful death. This is a civil claim in which a plaintiff must prove that one or more defendants caused a person’s death. It is different from a criminal case, such as murder or manslaughter, in that it only seeks monetary damages rather than criminal penalties like imprisonment.
Ask Our Lawyers in San Francisco For Free Help
The San Francisco injury lawyers at Callaway & Wolf have many years of experience handling workplace accident and wrongful death matters, and are available to discuss your case. For a free consultation with a skilled injury lawyer, contact us online or at 415-541-0300.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
