How “Assumption of Risk” Can Impact a Georgia Construction Accident Claim

Georgia construction workers understand their occupation involves a certain degree of risk. This is especially true when it comes to falling accidents. Falls from heights are one of the leading causes of death and serious injury on construction sites. And while project owners and general contractors can be held liable for some of these falling accidents, Georgia courts will also look at whether or not the affected worker “assumed” the risk of potential death or injury through their own actions.

Court of Appeals Dismisses Wrongful Death Claim Over Fatal Fall

A recent decision from the Georgia Court of Appeals, Mejia v. SK Battery America Inc., offers a cautionary tale in this regard. This case involved the death of a construction worker in November 2020. The victim worked for a company hired as a subcontractor on a project to build an electric vehicle battery plant in Commerce, Georgia.

The victim was assigned to work on a specific bay in the plant. The bay’s ceiling had 25 holes intended for the eventual installation of heating and air-conditioning vents. Each hole was covered by non-weigh-bearing grilles known as “louvers” that would fall if stepped upon. According to court records, the victim and his co-workers received safety training on working in this area, including a requirement to remain “100 percent tied off when working over six feet above the ground.”

One day, the victim personally witnessed a colleague fall through one of the louvers in the bay ceiling. He texted a video of the accident to his girlfriend, adding, “This job is dangerous af.”

Less than two weeks later, the victim was assigned to perform above-ceiling work in the same bay. He was actually the first member of his crew to work in the area since the previous accident. For some reason, however, he did not tie-off, and he stepped on and fell through a louver. The victim fell 50 feet to the ground, sustaining what turned out to be fatal injuries.

The victim’s girlfriend subsequently filed a wrongful death lawsuit against the project owner and general contractors. She alleged the defendants were negligent in failing to maintain safe working conditions on the ceiling. The defendants moved to dismiss, arguing the victim voluntarily assumed the risk of serious injury or death when he went up onto the ceiling without tying off.

Both the trial court and the Court of Appeals agreed with the defendants. The Court of Appeals explained this was a situation where the “assumption of risk” defense justified dismissing the wrongful death claim. Assumption of risk involves a situation where the victim “with a full appreciation of the danger involved and without restriction of his freedom … deliberately chooses an obviously perilous course of conduct.”

Here, the victim made such a choice. The Court of Appeals noted he went up to the ceiling despite instructions not to do so, and then he ignored multiple warnings to tie-off. As such, while the victim’s death was “tragic,” the Court said there was no legal basis for holding anyone but him responsible for what happened.

Contact an Atlanta Construction Accident Lawyer

If you, or someone you care about, has been seriously injured in an accident while working on or around a construction site, it is important to seek out qualified legal representation. Our Atlanta construction accident attorneys can review your case and advise you on a course of action. Call Morain & Buckelew, LLC, today at (404) 448-3146, to schedule a free consultation.

Source:

efast.gaappeals.us/download?filingId=0ec4a5cc-5b3d-4f39-a31d-dd4740a4b13b