On September 19, 2017, a warehouse worker named Juan Cruz was struck by a falling pallet of LED lighting products at a distributor’s warehouse in Hartford. The pallet, which weighed 1,300 pounds and fell from an upper storage rack, was allegedly knocked over by a forklift operated by a temporary worker named Jean-Paul Paez. Cruz, who was 42 years old at the time, suffered back, chest, abdomen, and pelvis injuries, as well as permanent paraplegia. Cruz filed a lawsuit against Paez, his employer (Spec Personnel, LLC), the lighting manufacturer (Signify North America Corp., formerly known as Philips Lighting North America Corp.), and the property owner (Venture Properties LLC). He alleged that Paez was negligent in operating the forklift, that Spec Personnel was negligent in hiring and supervising Paez, and that Signify North America was negligent in failing to properly secure the LED lighting products on the pallet. The lawsuit against Paez, Spec Personnel, and Venture Properties was settled out of court for a combined $8 million before opening statements. The case against Signify North America went to trial, but the jury ultimately found in favor of the company. Cruz’s attorneys initially alleged that Paez had a known heroin dependency and was high on heroin when he operated the forklift. However, these allegations were not presented to the jury due to the preclusion of Cruz’s toxicologist. Cruz’s attorneys also contended that Signify North America workers did not properly secure the LED lighting products on the pallet, which would have prevented the pallet from falling. However, the jury found that Signify North America was not negligent in this regard. Signify North America contended that the owner of the warehouse, Venture Properties, was at fault for failing to train, supervise, and monitor Paez prior to the accident. However, Cruz’s attorneys did not submit sufficient evidence to support this claim, and their apportionment claim against Venture was withdrawn.
After losing consciousness in an accident, Cruz was diagnosed with multiple severe injuries, including spinal cord tears, a fractured vertebra, and internal injuries. He underwent extensive surgery to stabilize his spine and repair his internal organs. Left with paralysis and lifelong care needs, Cruz sought compensation for lost earnings, medical expenses, and pain and suffering. His wife also sought damages for the impact on their relationship.
In a decisive verdict, the jury found Signify/Philips overwhelmingly responsible for the harm done to Mr. and Mrs. Cruz, placing 90% of the blame on them and only 10% on Paez. They absolved Spec Personnel of any fault and awarded the couple a total of $100 million in damages, with $90 million going to Mr. Cruz and $10 million to Mrs. Cruz.
This case offers valuable lessons for businesses of all sizes regarding the importance of robust commercial insurance coverage:
Comprehensive CGL Coverage is Essential: A strong CGL policy is the cornerstone of any business’s insurance portfolio. It provides broad protection against a wide range of liability claims, including those arising from product defects, premises accidents, and advertising mistakes.
Regular Policy Review is Crucial: Regularly reviewing and updating your CGL policy to reflect your evolving business operations and risk profile is vital. This ensures adequate coverage is in place for emerging risks.
Understanding Policy Exclusions is Key: Familiarize yourself with the exclusions outlined in your CGL policy. Certain types of claims, such as intentional wrongdoing or pollution events, may not be covered.
Proactive Risk Management is Paramount: Implementing effective risk management practices can help prevent incidents and minimize the likelihood of facing lawsuits. This includes regular safety inspections, employee training, and maintaining proper maintenance schedules.
The Bottom Line
The Cruz lawsuit serves as a stark reminder of the potential financial consequences businesses face in today’s litigious environment. Having adequate commercial insurance in place is not just a good idea; it’s a necessity for protecting your business from unforeseen liabilities. By understanding your coverage, managing risks proactively, and regularly reviewing your policies, businesses can ensure they are well-prepared to weather legal storms and focus on what matters most – their success.
Additional Tips for Businesses
- Speak with a qualified insurance broker to discuss your specific needs and find the right CGL policy for your business.
- Think about getting additional insurance coverage.
- Document everything, from incident reports to employee training records, to strengthen your defense in case of a lawsuit.
- Start a culture of safety and compliance within your organization to decrease the risk of accidents and legal issues.
By taking these steps, businesses can navigate the complex world of commercial insurance and ensure they have the right protection in place to thrive in the long run.
Take note, a little step of preparation can go a long way in safeguarding your business from financial hardship and allowing you to focus on what truly matters – achieving your goals and contributing to the success of your organization.
For more info, text or call Monreal Insurance Solutions (909) 757-1311 or click link in bio for a quote!