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Bardomiano Bautista-Perez Died In Bonita Accident After Being Hit By Falling Palm Fronds While Trimming Palm Tree
BONITA, CALIFORNIA (February 16, 2023) – A tree trimmer identified as Bardomiano Bautista-Perez was killed in a Bonita tree trimming accident in a neighborhood by the Chula Vista Golf Course.
San Diego County officials are saying that the accident took place around 11:30 a.m. on Monday. Bardomiano Bautista-Perez was at the top of a palm tree in the front yard of a home on Yerba Lane.
He was cutting down palm fronds from the tree. At some point, he became trapped and suspended by the cut foliage. The palm fronds pinned him to the tree about 50 feet off the ground.
Firefighters and paramedics were called to the scene in order to help the victim. Sadly,by the time firefighters got to Bardomiano Bautista-Perez, they discovered that he had died.
A full investigation into the death remains ongoing at this time.
Liability For Bonita Palm Tree Accidents
Tree cutting can be a very dangerous profession. Many workers are killed or seriously injured every year. According to Reveal News, about 580 people died in tree trimming accidents between 2009 and 2015. Part of the issue is that there are a patchwork of different standards throughout the industry. OSHA has set forth a number of guidelines to help keep tree trimmers safe.
- Workers should be given adequate protective equipment such as hard hats, gloves and non-slip boots.
- Workers should not be asked to work in close proximity to electrical lines.
- Workers should be given proper training and use extra caution when working on slopes.
When a worker is injured or killed in California, they or their family will typically have recourse through the worker’s compensation system. Worker’s compensation in California is based on a no-fault insurance scheme. There is no need for an injured worker or their family to demonstrate negligence to receive benefits. Depending on the facts of any case, the family of a deceased worker may also have recourse through a third party liability claim.
A third party liability claim may be possible when an entity separate from a worker’s employer contributed to an accident. For example, the manufacturer of the tools that a tree trimmer used could bear some responsibility for an accident. Companies have a legal obligation to ensure that their products are reasonably safe. They must also warn about the non-obvious dangers associated with the use of their products. There are a number of steps that should be taken after any tree trimming accident.
- Eye witnesses should be interviewed.
- The tree trimmers tools should be examined.
- Medical records should be preserved.
- A thorough investigation should be conducted.
The family of any person that died in a tree trimming accident may have legal recourse through a civil claim. Damages in a civil claim can help cover many of the expenses that come with the sudden loss of a love one. In order to win a civil claim, plaintiffs will usually have to demonstrate negligence. To that end, it is extremely important that all evidence is properly preserved after a workplace accident.
Investigating A Bonita Palm Tree Accident
We at Samer Habbas & Associates, PC extend our deepest condolences to the family of Bardomiano Bautista-Perez. Any person that may have more information about what happened should reach out to OSHA. It is our sincere hope that steps are taken to prevent other tragedies like this. Worker safety should always be the number one priority for every company.
Do you need more information about a San Diego County tree trimming accident? Our team of worker’s rights advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need more information about a particular incident we are here for you. You can reach out to us anytime at 949-727-9300.
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