Texas Scaffolding Collapse: Families File Wrongful Death Lawsuit After Fatal LNG Plant Accident

The construction industry, while vital to economic growth, is fraught with inherent dangers. In Texas, where the energy sector thrives alongside rapid development, construction sites are a common sight. However, these sites can become scenes of tragedy when safety protocols are not rigorously followed. Recently, a catastrophic scaffolding collapse at a liquefied natural gas (LNG) plant in Port Arthur, Texas, resulted in multiple fatalities and severe injuries, prompting families to file a wrongful death lawsuit. According to the Bureau of Labor Statistics, Texas has recorded the highest number of construction fatalities among U.S. states, with over 1,000 fatal injuries in the state. This incident underscores the critical importance of stringent safety measures and the legal recourse available to families when negligence leads to devastating consequences.

The Port Arthur LNG Plant Accident

On April 29, 2025, a scaffolding structure at the Port Arthur LNG construction site in Sabine Pass collapsed around 2 a.m., resulting in the deaths of three construction workers and injuries to two others. The workers, employees of Bechtel, a construction and project management company, were working on a “tank jump form system” at an elevated position when the incident occurred. The deceased were identified as Felipe Mendez, 25, and Felix Lopez, 42, both of Houston, and Reginald Magee, 41. The two injured workers were hospitalized and later released.

The incident prompted an immediate work stoppage at the facility, and investigations were launched by both Bechtel and federal authorities, including the Occupational Safety and Health Administration (OSHA). Preliminary reports suggest that a section of the scaffold, spanning multiple levels, separated and tilted sharply away from the structure. Witnesses reported seeing a dangling rigging strap from a crane, raising concerns that a dropped load might have contributed to the collapse, though officials have not confirmed this.

Wrongful Death Lawsuit Filed

In the wake of the tragedy, the families of Felipe Mendez and Felix Lopez, along with one of the injured workers, Marcos Ramirez, filed a wrongful death lawsuit against ConocoPhillips, Port Arthur LNG, LLC, Sempra, and other related entities. The lawsuit alleges negligence on the part of the defendants, claiming they failed to adhere to proper safety standards and fostered an environment that rewarded rushing through safety procedures.

The plaintiffs seek damages for mental anguish, loss of earning capacity, pecuniary losses (care, support, services), loss of companionship and society, loss of inheritance, funeral expenses, and exemplary damages. Marcos Ramirez, the injured worker, is seeking damages for his severe injuries, including past and future medical expenses, pain and suffering, physical impairment, mental anguish, loss of earnings and earning capacity, loss of household services, disfigurement, exemplary damages, interest, and court costs.

Another lawsuit was filed in Jefferson County by the family of Reginald Magee against Sempra Infrastructure, ConocoPhillips, Port Arthur LNG, Bechtel Corporation, and Bechtel Energy. This lawsuit also seeks monetary relief exceeding $10 million, citing the loss of their breadwinner and seeking punitive damages based on allegations of gross negligence and conscious disregard for safety.

Legal Implications of a Scaffolding Collapse

A scaffolding collapse can lead to severe legal repercussions for the parties responsible. In Texas, a wrongful death claim can be brought by the surviving spouse, children, and parents of the deceased. To succeed in a wrongful death lawsuit, the plaintiffs must prove that the defendant’s negligence or wrongful act caused the death.

In the context of a scaffolding collapse, negligence may involve:

Failure to provide a safe working environment: Employers have a duty to ensure the safety of their employees, which includes providing safe equipment, proper training, and adequate supervision.
Violation of safety regulations: OSHA sets forth specific requirements for scaffolding design, construction, and use. Failure to comply with these regulations can be evidence of negligence.
Improper maintenance and inspection: Scaffolding must be regularly inspected and maintained to identify and correct any defects or hazards.
Negligent operation of equipment: If a crane or other equipment is operated negligently, causing a load to strike the scaffolding, this can be grounds for a lawsuit.

OSHA Regulations and Scaffolding Safety

OSHA’s scaffolding regulations, outlined in 29 CFR 1926 Subpart L, are designed to protect construction workers from falls and other hazards associated with scaffolding. Key requirements include:

Competent Person: A “competent person” must be designated to inspect the scaffolding before each work shift and after any event that could affect its structural integrity. This person must be able to identify hazards and take corrective measures.
Fall Protection: Workers on scaffolds more than 10 feet above a lower level must be protected from falls through the use of guardrails, personal fall arrest systems (such as harnesses and lanyards), or both.
Capacity: Scaffolds must be able to support at least four times their maximum intended load.
Guardrails: Guardrails must be installed on all open sides and ends of the scaffold platform. The toprail must be between 38 and 45 inches high.
Platform Construction: Scaffold platforms must be fully planked or decked with no gaps that could cause a worker to slip or fall.
Training: Employees who work on scaffolds must be trained to recognize the hazards associated with scaffolding and the procedures for minimizing those hazards.

The Role of Process Safety Management (PSM)

While OSHA’s PSM standard, 29 CFR § 1910.119, does not generally apply to LNG facilities subject to the U.S. Department of Transportation’s (DOT) pipeline safety regulations (49 CFR Part 193), it’s important to understand the principles of PSM in the context of overall safety management at such facilities. PSM emphasizes the systematic identification, evaluation, and control of hazards associated with processes involving highly hazardous chemicals.

Even though the DOT regulations preempt OSHA’s PSM standard at LNG facilities, the underlying principles of PSM – hazard analysis, risk assessment, training, and safe work practices – are crucial for preventing accidents and protecting workers.

Current Status of the Lawsuits

As of July 2025, all wrongful death lawsuits related to the Port Arthur LNG scaffolding collapse are temporarily on hold. The Texas Multidistrict Litigation Panel granted a pause on July 11 to decide whether to consolidate the multiple lawsuits tied to the April 29 disaster. ConocoPhillips, Sempra Infrastructure, and Port Arthur LNG requested the consolidation, arguing that a single pretrial judge would make the legal process more efficient.

While Bechtel Corporation did not oppose the motion, the attorneys representing the victims are divided. Some are fighting to keep the case in Jefferson County, while others are open to consolidation, provided the cases are handled in Harris County. The Zehl & Associates firm, representing the families of Felipe Mendez and Felix Lopez, opposes the transfer but suggests that if granted, the case should go to one of the courts currently presiding over actions arising from the “jump-form malfunction.”

Seeking Legal Assistance After a Construction Accident

Construction accidents, particularly scaffolding collapses, can result in devastating injuries and fatalities. Families who have lost loved ones in such accidents have the right to seek justice and compensation for their losses. Navigating the legal complexities of a wrongful death lawsuit requires the expertise of a qualified personal injury attorney.

If you or a loved one has been involved in a construction accident, it is essential to:

Seek medical attention: Ensure that all injuries are properly treated and documented.
Report the incident: Notify the employer and relevant authorities, such as OSHA.
Gather evidence: Collect any information about the accident, including photographs, witness statements, and incident reports.
Consult with an attorney: A personal injury attorney can evaluate your case, advise you on your legal options, and represent you in negotiations or litigation.

Conclusion

The Texas scaffolding collapse at the Port Arthur LNG plant is a stark reminder of the dangers inherent in the construction industry. The families’ decision to file a wrongful death lawsuit underscores the importance of accountability and the pursuit of justice when negligence leads to tragedy. As the legal proceedings unfold, it is hoped that this case will shed light on the safety practices at the LNG plant and prompt meaningful changes to prevent similar accidents in the future.

If you or a loved one has been affected by a construction accident, it is crucial to seek legal guidance to understand your rights and options. Contact our firm today for a consultation.