Wrongful Death – Father Knows Best – Son’s Death in Salt-truck Was Avoidable
January 24, 2012
When a company designs and manufactures a product, the Law requires that manufacturer and/or designer to make sure that the designed product is reasonable safe for its intended use. Too often, it is the personal injury legal battle that brings about those simple changes, that were they implemented to begin with, the injury for which the lawsuit was brought would not have happened. It was the amputated leg of a homeowner whose legs were badly mangled up under his lawnmower when he felt and it back over his legs that prompted manufacturers to put that kill switch on the mower’s handle. It was the McDonald’s case that prompted car manufacturers to equip their cars with cup-holders. It was the avoidable death of several drivers that prompted car manufacturers to use the three-point seat belts. These simple modifications added to the cost of manufacturing, but has prevented additional injuries and death.
In the example below, and the wrongful death lawsuit that has been filed, the same principle is again at play. A simple cut-off switch and/or a protective panel could have prevented the death of a young man? The Jury will make that finding in due time I suppose.
“A suburban father filed a wrongful death lawsuit Monday, one month after he made a horrific discovery at the family’s business: His son had fallen on a salt-truck auger, and the younger man’s clothing had been pulled in to the mechanism, strangling him.
David Pittas filed the suit Monday in Cook County Circuit Court against the manufacturer and others tied to the sale of the salt spreader that killed his 26-year-old son Timothy Pittas. The younger Pittas would still be alive today had the salt-spreader been equipped with an emergency shut-off device or at least if the auger — the metal device that spins and spreads the salt — had a guard around it.
“The only reason we’re doing this is so no other person has to go through what I’m going through, or what my wife is going through or my [other] son is going through or my daughter is going through,” a choked up David Pittas told the Sun-Times, referring to his wife Mary and their two surviving children. “It’s wrong to bury your son, and it’s wrong that we had to. If I can save one other person’s life with this then Tim didn’t die in vain.””