Texas Construction Tragedy: Families File Wrongful Death Lawsuit After Scaffolding Collapse

In the wake of a devastating construction accident in Sabine Pass, Texas, families are seeking justice after a scaffolding collapse claimed the lives of three workers and injured two others. This tragedy has brought renewed attention to construction site safety and the rights of workers and their families in the event of fatal accidents. According to OSHA, there are approximately 14 construction-related deaths in the United States each day. The construction industry’s “Fatal Four” – falls, being struck by objects, electrocutions, and caught-in/between objects and structures – are reportedly responsible for over 50% of these tragic accidents.

The Sabine Pass Scaffolding Collapse

On April 29, 2025, a scaffolding structure at the Port Arthur LNG site in Sabine Pass unexpectedly collapsed, resulting in the death of three Houston-area men and injuries to two others. The incident occurred around 2 a.m. while Bechtel employees were working on the structure.

Ryan Zehl of Zehl and Associates represents the families of two of the deceased men, Felipe Mendez and Felix Lopez, in a wrongful death lawsuit. According to KHOU 11 News, Zehl stated, “There are not words to describe the emotional effect that an incident like this, a tragic and preventable incident like this, has on a family. Felipe was only 25 years old. He left behind his wife and six-month-old daughter… Felix was also just in his early 40s and has four children.” Adding to the tragedy, Lopez’s eldest son, Felix Jr., also a Bechtel employee, witnessed his father’s final moments. The third man who died in the incident was identified as 41-year-old father, Dontrell Magee.

The Occupational Safety and Health Administration (OSHA) has been notified and is expected to lead the inquiry into what led to the deadly collapse. Bechtel has stopped all work at the site and sent employees home.

Wrongful Death Lawsuits in Texas Construction Accidents

When a construction worker dies due to negligence, recklessness, or wrongful conduct, it is considered a wrongful death. In Texas, the surviving family members can file a wrongful death claim against the responsible parties. The Texas Wrongful Death Act outlines the hierarchy of beneficiaries who are eligible to seek compensation:

Spouse: The surviving spouse has the first right to bring a wrongful death claim.
Children: If there is no surviving spouse or if the spouse chooses not to bring a claim, the deceased’s children have the next right to seek wrongful death damages.
Parents: If there are no surviving spouse or children, the parents of the deceased can file a wrongful death claim.

A personal injury lawsuit becomes a wrongful death lawsuit if the person injured in a Texas construction accident is suing for personal injury rather than filing a workers’ compensation claim and then they pass away, the personal injury case can be converted to a wrongful death case.

What Constitutes Wrongful Death?

A construction accident is considered wrongful death when the fatality was avoidable by reasonable measures. If the employer (or a supervisor, coworker, or other person) was careless or negligent, or if their carelessness or negligence created a hazardous condition for other people, there may be a cause for wrongful death.

Damages Recoverable in a Wrongful Death Lawsuit

In Texas, various types of damages are available in wrongful death cases to compensate the surviving family members for their losses:

Economic Damages: Cover tangible monetary losses, including medical and funeral expenses, loss of the deceased’s income, and loss of future financial benefits.
Emotional Damages: Compensate for emotional distress, loss of companionship and counsel, and pain and suffering.

Liability in Construction Accidents

Determining liability in construction accidents can be complex, as multiple parties may be responsible. Some potentially liable parties include:

General Contractors: Hold primary responsibility for safety on a construction site. They manage daily activities, oversee subcontractors, and ensure compliance with OSHA guidelines.
Subcontractors: Can be held liable if their negligence contributes to unsafe conditions.
Property Owners: Have a duty to maintain safe conditions on their property.
Equipment Manufacturers: Can be liable if defects or malfunctions in their equipment lead to accidents.
Architects and Engineers: May be responsible if design flaws contribute to accidents.

In Texas, construction companies are responsible for regularly inspecting equipment and providing safety instruction and gear to workers, according to standards set forth by the Occupational Safety and Health Administration (OSHA). Texas employers can be liable for damages if they fail to uphold safety standards, resulting in a construction site injury.

Third-Party Liability

Texas workers’ compensation laws generally protect employers from being sued directly, they don’t shield outside parties who contributed to the accident through negligence. For example, if a subcontractor, equipment manufacturer, or property owner caused or contributed to the unsafe conditions that led to your injury, you may be able to sue them in a separate civil claim.

Proving Negligence

To win a third-party claim, you’ll need to prove negligence, which includes:

Duty of Care: The third party owed you a legal duty to act reasonably and safely.
Breach of Duty: They failed to uphold that duty through action or inaction.
Causation: Their negligence caused your injuries.
Damages: You suffered financial, physical, or emotional harm as a result.

Statute of Limitations

In Texas, the statute of limitations for filing a wrongful death claim arising from a construction accident is generally two years from the date of the construction worker’s death.

Scaffolding Safety: A Critical Concern

Scaffolding accidents are a significant cause of injuries and fatalities in the construction industry. According to the Bureau of Labor Statistics, unsafe scaffolding caused 3,400 injuries and 56 work-related deaths in the U.S. in 2020.

Common Causes of Scaffolding Accidents

Falls from elevation
Being struck by falling objects
Scaffold collapse due to instability or overloading
Electrocution
Slips and trips

OSHA Regulations for Scaffolding Safety

OSHA has specific requirements for the safe construction, use, maintenance, and dismantling of scaffolding at construction sites. These regulations address:

Scaffold design and construction
Load capacity
Fall protection
Access
Training

OSHA statistics state that “fall protection, construction” is the number one most commonly violated safety standard. Falls are the leading cause of construction worker deaths. 29 Code of Federal Regulations (CFR) 1926.501 sets forth a requirement for employers in the construction industry to provide fall protection systems. This requirement makes it mandatory for employers to provide safe walking and working surfaces to prevent slip or trip and fall accidents.

Ensuring Construction Site Safety

Preventing construction accidents requires a commitment to safety from all parties involved. Employers must:

Provide a safe working environment
Comply with OSHA regulations
Provide adequate training to workers
Regularly inspect equipment and work sites
Address hazards promptly

Workers also have a responsibility to:

Follow safety procedures
Use personal protective equipment (PPE)
Report hazards to their supervisors

Legal Options for Injured Workers and Their Families

If you or a loved one has been injured or killed in a construction accident, it is essential to understand your legal rights and options. Depending on the circumstances, you may be able to pursue a workers’ compensation claim, a third-party liability claim, or a wrongful death lawsuit.

Do you need legal assistance?

If you’re ready to file a third-party claim or have questions about non-subscriber cases, contact The Stewart Law Firm, PLLC at (512) 326-3200.