• February 28, 2023

Eliborio Garcia Jr. Killed in Excavator Accident in Sullivan City, TX

Sullivan City, TX -- February 25, 2023, Eliborio Garcia Jr. was killed after an accident where an excavator fell into a pond.

Investigators said that the incident happened before 4:30 p.m. on Terra Firma Materials property, just off US 83. Initial details say that 42-year-old Eliborio Garcia Jr. was in an excavator in or around a pond while working. The excavator somehow "fell into" the pond, where Garcia became trapped. He died as a result. Right now, additional details are unavailable.

Eliborio Garcia Jr. Killed in Excavator Accident in Sullivan City, TX

Since this appears to be a work incident of some sort, OSHA will no doubt be working to find out what happened. But their efforts alone aren't always enough to adequately address the problems leading to a fatal work accident. Perhaps this is just a freak occurrence, or maybe it was a lapse in what are typically strict safety procedures.

However, there are also situations where an employer's actions are so beyond reason that they open themselves up to severe consequences. Take, for example, a situation I handled a while back at a chicken processing plant. A worker became trapped in a large industrial shredder which was then turned on while they were inside.

Independent investigations helped confirm that the company didn't train the victim properly, didn't follow proper procedures for keeping the machinery off while the worker dealt with it, and didn't have the worker doing their job safely in the first place. That worker put their life and the well-being of their family in the company's hands, and their gross negligence completely failed them.

That's not the sort of thing that warrants a simple slap on the wrist. That's why I bring up that example. Like I said, that may not be what happened here, but a man lost his life—a father, a husband. What efforts could possibly be too much for getting his loved ones the answers they deserve?


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