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OSHA has fined a Florida firm over $65,000 in connection with an accident occurring at a construction site. OSHA found that the scaffolding did not have guard rails or properly installed planking and that the company did not adequately train it employees or have a competent person supervising their work.

As a reslt of the unsafe condition of the scaffold, a company employee fell over 100 feet, suffering fatal injuries.

In wrongful death cases, there are essentially two parts to the case. One part is the survival action, which is compensation for conscious pain and suffering by the decedent prior to death. The other part is the wrongful death action, which is for the losses sustained by the next of kin as a result of the death.

In cases such as this where the person is unlikely to have survived the fall, proof of conscious pain and suffering is very difficult. Some courts will allow recovery for pre-imapct fright; others will not. In any event, there should be recovery under wrongful death portion of the case.

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