A construction worker at the University of Michigan fell down an elevator shaft to his death. Now, his family is suing the school and the construction company, saying that the construction site was not properly lit.
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Indiana Accident News

Family Files Wrongful Death Lawsuit Against Michigan U After Fatal Construction Accident


Posted on Aug 10, 2009

According to the Michigan Daily, the family of a construction worker killed on the job has filed a wrongful death suit against the University of Michigan, his employer, and the construction site's lighting company for neglecting to provide their workers with proper safety measures.

Last August, 31-year-old David Smith was working on an elevator at the Ross School of Business construction site when he fell down an elevator shaft five stories while on the job. He died of his construction site accident injuries. Smith's death was the third fatal construction site accident on the campus in the last two years.

Mary Lee Smith, David Smith's mother, is seeking over $25,000 in damages from the University of Michigan, Schindler Elevator Corporation, general contractor Barton-Malow Company and Shaw Electric Company - all of which she believes contributed to her son's death.

In the Michigan construction site accident lawsuit, Smith argues that the university is responsible to keep their property safe, and that they did not follow through with their duty to keep the business building safe. The construction site accident lawsuit also states that the elevator shaft and surrounding area was not properly lit for construction workers to safety do their jobs.

Michigan University officials argue that they were not in charge of the building during construction and that Smith was more than 50 percent responsible for the construction accident. The Michigan Occupational Safety and Health Administration (MOSHA) investigated the accident and fined Schindler Elevator Company for three different safety violations, including failing to make workers aware of their accident prevention program, adequately inspecting the construction site for safety hazards, and enforcing hardhat use.

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