Super Lawyers Rising Stars
Top 100 Settlements, Motor Vehicle Accidents - 2019
America's Top 100 Attorneys
Million Dollar Advocates Forum
Miami Dade, Trial Lawyers Association
American Association for Justice

Man Critically Injured After Excavator Overturns Into Retention Pond in Davie

Michael T. Flanagan, Esq.

A man was hospitalized in critical condition Monday after an excavator overturned into a retention pond at a construction site in Davie, according to police.

Davie Police responded to the 2200 block of Shotgun Road following reports of a possible drowning. When officers arrived, they found an overturned excavator submerged in the pond.

The man was pulled from the water and transported to a hospital in critical condition.

What Happened at the Davie Construction Site?

According to Davie Police, officers were called to the construction site after receiving reports that someone may have drowned.

At the scene, authorities discovered an excavator overturned and submerged in a retention pond.

Emergency responders pulled a man from the water and transported him to a hospital. Police said he was in critical condition.

Authorities have not publicly identified the injured man or explained how the excavator entered the pond.

The incident remains under investigation.

Investigators May Examine Why the Excavator Overturned

Determining what caused a piece of heavy equipment to overturn can require a detailed investigation, particularly when an accident occurs on an active construction site.

Depending on the circumstances, investigators may examine factors such as:

  • The position and condition of the excavator
  • Ground stability near the retention pond
  • The slope or grade where the equipment was operating
  • Equipment inspection and maintenance records
  • Mechanical or hydraulic problems
  • Operator training and experience
  • Worksite safety procedures
  • Witness statements
  • Photographs and surveillance footage
  • The work the excavator was performing immediately before the incident

The available information does not indicate whether an equipment problem, worksite condition, operator action or another factor caused the excavator to overturn.

Construction Equipment Accidents Can Cause Catastrophic Injuries

Excavators and other pieces of heavy construction equipment can weigh many tons. When equipment overturns, an operator may face risks from crushing injuries, entrapment and traumatic impacts.

An accident involving water creates additional dangers. If an operator becomes trapped inside or underneath submerged equipment, oxygen deprivation can quickly result in severe brain injury or death.

Authorities have only described the man’s condition as critical and have not released information about his specific injuries or how long he was submerged.

Workplace Accidents Can Involve Multiple Forms of Liability

If the injured man was working at the construction site when the incident occurred, workers’ compensation may be one potential source of benefits.

Florida’s workers’ compensation system generally provides eligible employees with benefits for qualifying work-related injuries without requiring them to prove that their employer was negligent.

However, some construction accidents may also involve potential claims against third parties other than the injured worker’s employer.

Depending on what caused an accident, potentially responsible third parties could include a general contractor, subcontractor, property owner, equipment owner, maintenance company or equipment manufacturer.

There is currently no information establishing that any company or individual was negligent in connection with the Davie incident.

Equipment Defects May Need to Be Investigated

When heavy machinery unexpectedly overturns or malfunctions, investigators may also examine whether the equipment itself contributed to the accident.

Potential issues can include failures involving braking, steering, hydraulic systems, controls, safety devices or other components.

Maintenance and inspection records can help determine whether the excavator had previously experienced mechanical problems and whether required repairs were properly performed.

If defective equipment contributed to an injury, a manufacturer, distributor or other responsible party could potentially face liability. However, there is currently no indication that a defect caused Monday’s incident.

Construction Site Owners and Contractors Have Safety Responsibilities

Construction sites can contain numerous hazards, including heavy machinery, excavations, unstable ground and bodies of water.

Contractors and others responsible for worksite safety may be required to take reasonable precautions to protect workers from recognized hazards.

In an accident involving equipment near a retention pond, an investigation could potentially consider whether the work area was appropriately planned and whether reasonable safeguards were in place given the terrain and proximity to the water.

Whether any safety violation occurred in this case remains unknown.

Preserving Evidence After a Serious Construction Accident

Evidence preservation can become particularly important after a catastrophic workplace accident.

The excavator itself may provide important physical evidence about how the incident occurred. Maintenance records, inspection reports, operating manuals, work assignments, employee training records and photographs of the site may also become relevant.

Investigators may additionally examine the condition of the ground and retention pond before the site is altered by recovery operations or continued construction.

Preserving that evidence can help determine whether the incident resulted from an equipment failure, unsafe site condition, operational error or combination of factors.

Investigation Into Davie Retention Pond Incident Continues

Davie Police continue to investigate the incident at the construction site on Shotgun Road.

Authorities have confirmed that officers found an overturned excavator submerged in a retention pond and that a man was pulled from the water. He was transported to a hospital in critical condition.

Police have not released his identity or explained what caused the excavator to overturn.

We wish the injured man and his family strength as he receives treatment following this serious incident.

Client Reviews

When faced with the repercussions of a personal injury, choosing the right lawyer for the work ahead is absolutely imperative. When this daunting task fell upon me following a motor vehicle accident, obtaining attorney Zachary Bodenheimer was the BEST decision...

Josh N.

Thank you all for your efforts, often in today's world, it seems everything is about money and people don't seem to care about others. I felt that this was not the case with you and I felt always that you had my best interests at heart and looked out for me...

A.S

Michael Flanagan and his team were so supportive while handling my case. What I appreciated the most about working with Michael was his honesty and his no nonsense approach at getting the very best for his clients. I'm so pleased with how my case was resolved...

Talia M.

When It Counts

Fill out the contact form or call us at 305-638-4143 to schedule your free consultation.

Free Case Review Schedule Your Appointment Today

By providing your phone number, you agree to receive text messages from Flanagan & Bodenheimer. Message and data rates may apply. Message frequency varies.