Texas Jury Awards $640M in Construction Death: Understanding Gross Negligence
The Texas construction industry is booming, contributing an estimated $54 billion annually to the state’s economy. With such rapid growth comes inherent risks, and unfortunately, Texas leads the nation in construction worker fatalities. In a landmark case, a Texas jury recently awarded $640 million to the family of a construction worker who died on the job, highlighting the devastating consequences of gross negligence in the construction industry. This verdict serves as a stark reminder of the importance of safety and accountability on construction sites across Texas.
A Tragic Loss and a Historic Verdict
In 2021, David Loree II, a journeyman pipefitter, tragically lost his life while working on a construction project at Texas A&M University–San Antonio. Following his death, Loree’s family filed a wrongful death lawsuit against multiple parties, including TNT Crane & Rigging. While other defendants settled, the case against TNT Crane & Rigging proceeded to trial.
After a four-week trial, a Harris County jury found TNT Crane & Rigging grossly negligent in Loree’s death. The jury awarded nearly $160 million in compensatory damages to the family to cover their emotional and financial losses. In addition, the jury awarded $480 million in punitive damages, bringing the total verdict to over $640 million after including prejudgment interest. This is one of the largest wrongful death awards in Texas history.
What is Gross Negligence?
In Texas, there’s a significant legal distinction between ordinary negligence and gross negligence. Negligence is the failure to exercise the degree of care that a reasonably prudent person would use under similar circumstances. For example, a driver who is distracted by their phone and runs a red light, causing an accident, is an example of ordinary negligence.
Gross negligence, on the other hand, involves a much higher degree of culpability. Texas law defines gross negligence as “an act or omission: (A) which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and (B) of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.”
In simpler terms, gross negligence is more than just carelessness; it’s a reckless disregard for the safety and well-being of others. It requires proof that the defendant knew their actions posed a significant risk of harm but chose to ignore that risk.
Proving Gross Negligence in a Construction Accident Case
Proving gross negligence in a Texas personal injury or wrongful death case requires a higher legal standard than proving ordinary negligence. The plaintiff must present “clear and convincing evidence” of the defendant’s extreme conduct and subjective awareness of the risk. This often involves demonstrating a pattern of safety violations, a failure to implement or enforce safety procedures, or a conscious decision to prioritize profits over worker safety.
In the Loree case, the jury found that TNT Crane & Rigging acted with gross negligence, indicating that the evidence presented demonstrated a clear and conscious disregard for the safety of workers on the construction site.
The Impact of Gross Negligence Findings
A finding of gross negligence can have significant consequences for the defendant. In addition to compensatory damages, which are intended to cover the victim’s losses, the defendant may also be liable for exemplary or punitive damages. Punitive damages are intended to punish the defendant for their egregious conduct and deter others from similar behavior.
In Texas, punitive damages are capped at the greater of (1) two times the amount of economic damages plus an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or (2) $200,000. However, these caps do not apply in cases where the defendant is convicted of a felony related to the incident.
The $480 million punitive damage award in the Loree case underscores the severity of the jury’s finding of gross negligence and sends a strong message to construction companies about the importance of prioritizing safety.
Construction Accident Statistics in Texas
The construction industry is inherently dangerous, and Texas has a disproportionately high number of construction accidents and fatalities. According to the Texas Department of Insurance, the construction industry had the highest number of fatalities in 2020, accounting for 27% of all workplace deaths in Texas.
Falls are the leading cause of death in construction accidents, followed by transportation incidents, contact with objects and equipment, and exposure to harmful substances or environments. The Occupational Safety and Health Administration (OSHA) has identified the “Fatal Four” leading causes of construction fatalities:
- Falls
- Struck-by incidents
- Electrocutions
- Caught-in or -between incidents
These statistics highlight the critical need for comprehensive safety measures and training on construction sites to protect workers from preventable injuries and deaths.
Employer Responsibilities and OSHA Regulations
Employers in the construction industry have a legal and ethical responsibility to provide a safe working environment for their employees. This includes:
- Complying with all applicable OSHA regulations
- Providing adequate safety training and equipment
- Implementing and enforcing safety procedures
- Regularly inspecting the job site for hazards
- Addressing and correcting any safety violations
OSHA has specific regulations for construction sites, covering a wide range of hazards, including fall protection, scaffolding, ladder safety, electrical safety, and hazardous materials. Employers who fail to comply with these regulations can face significant fines and penalties.
Seeking Justice After a Construction Accident
If you have been injured in a construction accident or have lost a loved one due to a construction accident, it is essential to understand your legal rights and options. Depending on the circumstances, you may be able to pursue compensation through a workers’ compensation claim, a personal injury lawsuit, or a wrongful death lawsuit.
Workers’ compensation provides benefits to employees who are injured on the job, regardless of fault. However, workers’ compensation benefits may not fully cover all of your losses.
A personal injury or wrongful death lawsuit allows you to seek compensation from the responsible parties, including the employer, contractors, subcontractors, or equipment manufacturers. In cases involving gross negligence, you may also be able to recover punitive damages.
The Importance of Legal Representation
Construction accident cases can be complex and challenging, often involving multiple parties and intricate legal and factual issues. It is crucial to have experienced legal representation to protect your rights and maximize your chances of a successful outcome.
A qualified personal injury attorney can:
- Investigate the accident and gather evidence
- Identify all responsible parties
- Assess the full extent of your damages
- Negotiate with insurance companies
- File a lawsuit and represent you in court
Advice
The $640 million verdict in the Loree case sends a clear message: construction companies must prioritize worker safety and be held accountable for their negligence. If you or a loved one has been affected by a construction accident, don’t hesitate to seek legal advice and explore your options for seeking justice and compensation.
Call to Action
If you or a loved one has been injured in a construction accident, contact our firm today for a free consultation. We can help you understand your rights and explore your options for seeking compensation.