Fatal Construction Accident at New Publix Site in Clearwater Raises Questions About Liability

A tragic construction accident at the site of a new Publix Super Market in Clearwater, Florida, has left one worker dead and another seriously injured. The incident occurred just before 5:00 p.m. on Monday, June 16, 2025, at a construction site located on South Missouri Avenue.

According to preliminary reports from Clearwater Police, the accident involved the collapse of a scissor lift, a type of mobile elevated work platform commonly used in construction projects to allow workers to perform tasks at height.

Authorities confirmed that Victor Hugo Martinez, 38, was transported to Morton Plant Hospital, where he died less than an hour later due to injuries sustained in the accident. The second worker, Gustavo Esmir Linarez Castillo, 43, was transported to Orlando Health Bayfront Hospital and remains in stable condition as of the latest updates.

The Occupational Safety and Health Administration (OSHA) has been notified and is expected to conduct a thorough investigation into the circumstances surrounding the equipment collapse. OSHA investigations typically examine factors such as:

• Equipment condition and maintenance records
• Compliance with fall protection and lift operation regulations
• Worker training and supervision
• Whether safety protocols were followed by employers and subcontractors

An OSHA investigation can take weeks or even months to complete, but it plays a critical role in identifying violations and determining whether negligence contributed to the fatal accident.

Common Causes of Scissor Lift Collapses

Scissor lifts are frequently used on construction sites for tasks like drywall installation, electrical work, and exterior building maintenance. While they are essential tools, they also pose serious hazards if not used properly. A collapse can be caused by:

• Overloading the platform beyond its weight capacity
• Operating on unstable or uneven ground
• Mechanical failure due to poor maintenance
• Improper training or operation by the worker
• Weather-related instability, especially high winds
• Lack of fall protection or safety restraints

If any of these factors contributed to the Clearwater incident, multiple parties could share responsibility.

Who May Be Liable in a Construction Accident?

When a fatal or catastrophic injury occurs on a job site, determining who is liable is essential for ensuring justice and financial support for the victim’s family. In cases like this, potential liable parties may include:

1. The General Contractor

The general contractor overseeing the Publix construction project may be liable if they failed to:

• Provide proper training to subcontractors
• Maintain a safe work environment
• Inspect equipment for safety and functionality

2. Subcontractors or Employers

If Martinez or Castillo were employed by a subcontractor, that company could be responsible for failing to supervise the use of equipment or for assigning unsafe tasks.

3. Equipment Rental or Manufacturing Companies

If the scissor lift was rented or leased and suffered a mechanical failure due to defective parts or improper maintenance, the rental company or even the equipment manufacturer could be held liable under product liability laws.

4. Property Owners or Developers

In some cases, the entity that owns the construction site may bear partial responsibility if hazardous site conditions contributed to the accident.

Legal Options for Victims and Families

Families of workers who die in construction accidents often assume workers’ compensation is their only recourse. However, wrongful death lawsuits and third-party liability claims may be available if:

• A non-employer third party (e.g., equipment manufacturer) was negligent
• Gross negligence or safety violations were involved
• A defective product contributed to the accident

Under The Florida Wrongful Death Act, a wrongful death claim can be brought by the personal representative of the deceased worker’s estate on behalf of surviving family members. This type of civil claim can help recover:

• Funeral and burial expenses
• Loss of financial support and benefits
• Loss of companionship
• Mental and emotional suffering of surviving family members

If you or a loved one has been affected by a construction accident involving equipment failure, it’s critical to take the following steps:

1. Preserve Evidence – Take photos of the accident scene if possible.
2. Request Safety Reports – OSHA reports and internal safety logs can be important.
3. Identify All Employers/Subcontractors – Determine who was responsible for supervision and equipment.
4. Consult an Attorney – An experienced construction accident lawyer can help you investigate the incident and identify all avenues for compensation.

If you lost a loved one or were seriously injured in a construction site accident, especially one involving equipment like a scissor lift, don’t wait. Contact Flanagan & Bodenheimer at 305-638-4143 for a free, confidential consultation.