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North Dakota Personal Injury Law Blog

Workplace accident victim succumbs to injuries 11 days later

A man from northwest North Dakota went to work on July 28, never to return. The 47-year-old man suffered injuries in a workplace accident that ultimately led to his death on Aug. 8. Reportedly, he was a dump truck driver who hauled a load of concrete to a construction site on U.S. Highway 2 on that day in July.

An accident report by the North Dakota State Patrol indicates that the man was traveling at approximately 35 mph in the vicinity of Williston when the loaded truck veered off the roadway. The dump truck rolled over and came to a halt in a ditch. The operator suffered serious injuries, and he was rushed to a local hospital before he was later transferred to a hospital in Minot by helicopter.

Polaris faces products liability claim after off-road crash

When a person in North Dakota suffers a personal injury that results from using a defective or dangerous product, he or she has the right to seek recovery of damages. This was what a man in another state did after he was seriously injured while riding an off-road vehicle that he alleges was defective. The manufacturer of the vehicle, Polaris Industries Inc., along with related entities that include the dealership where it was bought, were listed as defendants in the products liability lawsuit.

The plaintiff claims the vehicle was purchased in 2012 and the manufacturer recalled the vehicle model for potential throttle cable failure in 2014. The complaint shows that the vehicle was taken for repairs to the dealership in Dec. 2016, at which time the throttle cable was allegedly not inspected, nor was it replaced. The same thing allegedly happened in March 2017, when the dealership again did not inspect or replace the faulty part.

Victim of North Dakota auto wreck succumbs to injuries

The North Dakota Highway Patrol reported that a man who was involved in a recent accident had since succumbed to his injuries. Vehicular homicide might be added to the multiple criminal charges that were filed against the driver who allegedly caused the auto wreck. The deceased driver was a 56-year-old man whose 54-year-old passenger also suffered injuries in the accident.

According to official records, police responded to a restaurant where a man was seen to be damaging a vehicle by striking it with a golf club. However, he apparently left the scene before law enforcement arrived. He allegedly raced along Highway 81 at speeds estimated by witnesses to have been between 80 mph and 100 mph -- in a 45 mph zone.

3 die when van carrying disabled workers collides with big rig

The North Dakota Highway Patrol is investigating a fatal crash that occurred on a recent Tuesday on U.S. 2, not far from Grand Forks. Reportedly, the accident involved a big rig that crashed into a van. The van was apparently heading toward the Grand Forks Air Force Base when the tragedy occurred.

Authorities say the van carried nine people who were traveling to work at the air force base on a project that employs people with disabilities. A preliminary accident report indicates that the 43-year-old driver of the van veered from the right lane into the left lane at a crossover where she wanted to turn around. She apparently failed to notice a semi-truck in the left lane. A collision caused the van to roll over after entering the median.

North Dakota auto wreck claims life of 8-year-old

Losing a young child in a road accident is unthinkable; yet, it has happened to many families in North Dakota over the years. In a recent auto wreck, the driver of a car and a child were injured. The 8-year-old child only survived until the next day.

According to a preliminary accident report by the North Dakota Highway Patrol, the incident occurred on the morning of a recent Tuesday in Steele County. Reportedly, the crash followed the failure of a pickup driver to yield when he entered an intersection. His vehicle smashed into a car that was driven by a 37-year-old man. The impact was on the side where the young passenger was sitting.

Big rig driver accused of causing chain-reaction crash on I-94

Three SUVs, a sedan and a semi truck were involved in a recent accident in North Dakota. Although nobody suffered life-threatening injuries, several people were sent to the hospital. This crash appears to have been caused by the failure of the big rig driver to drive with the necessary care.

An accident report by the North Dakota Highway Patrol indicates that the crash occurred in Bismarck on eastbound Interstate 94 where it crosses the Grant Marsh Bridge. Four vehicles were stopped at a point where road construction is under way. At approximately 5:30 p.m., a semi truck crashed into the rear of one SUV, causing the chain reaction that involved all four stationary vehicles.

Every firework should be regarded as a dangerous product

Every year, on the Fourth of July, thousands of people suffer injuries caused by fireworks. These typically range from minor to severe and often result from irresponsible use or due to defective products. Although authorities provide safety tips and warnings every year, some consumers fail to recognize the fact that every firework is a potentially dangerous product that should be handled with care. A North Dakota man reportedly suffered serious injuries that were caused by an exploding firework.

Just after 8 p.m. on July 4, police in Fargo received a call reporting a fireworks accident. They arrived at the scene to find a man who had suffered serious injuries to both his hands. According to the police report, the man said he walked in the parking lot and noticed what seemed like an abandoned firework. He described it as a round, foil-wrapped object.

Dual claims can result from product defect injury at work

North Dakota oil field workers in the Bakken face multiple hazards every day. Added to the usual perils associated with the nature of their jobs, the equipment they use poses further threats. Faulty design or manufacturing, or a lack of warning on the labeling can cause catastrophic injuries. Unfortunately, a product defect is often only recognized after a tragic event that maims or kills a worker.

Any employee who is injured under such circumstances should get immediate medical treatment and explain to the doctor how the injury happened. It might help to gather witness statements and any other information that can substantiate any resulting claims. When such an accident occurs in the workplace, the victim may be entitled to pursue a third party products liability claim against the manufacturer, simultaneously with a workers' compensation benefits claim. However, if a civil lawsuit yields a monetary judgment, any payment received from workers' comp may have to be paid back.

Workplace accident underscores North Dakota employment hazards

The American Federation of Labor and Congress of Industrial Organizations is a national trade union center, and it is the largest federation of unions in the United States (AFL-CIO). This federation issued an annual report that indicates North Dakota topped the list of deaths per 100,000 in 2015 for the fourth time in five years. One man who lost his brother in a workplace accident that is currently under investigation believes his brother would not have died had he worked in another state.

Authorities say the highest death toll was recorded in 2012 when 65 employee lives were lost. OSHA focused a lot of attention on improving the safety on the Bakken oil fields, with positive results. In 2015, approximately 50 percent of workplace fatalities were related to oil and gas field incidents, and in 2016, the percentage dropped to 33 percent. Although workplace safety has improved significantly over recent years, the aim is to have zero occupational fatalities.

Earplugs may have contributed to workplace accident

Compliance with the safety regulations of the Occupational Safety and Health Administration is what is necessary for the protection of employees. It has saved the lives of many of workers nationwide. However, some safety precautions can put workers in harm's way. The description of a North Dakota man's struggle to adjust to the consequences of a workplace accident underscores this point.

Along with a colleague, the man -- now 32 years old -- performed larvicide duties in 2013 as he had done for seven previous summers. He was driving a utility task vehicle used in the control of mosquitos. To protect their ears against the roaring of the equipment, they had to wear earplugs. Unfortunately, that might have prevented them from hearing an approaching train. Their vehicle was struck and rolled over, with the driver taking the brunt of the impact.

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