Austin Stache from Rancho Cucamonga, Noe Tinoco Jr. of San Bernardino Died In UPS Tug Accident At The Ontario International Airport
ONTARIO, CALIFORNIA (November 28, 2019) – Two UPS workers identified as Austin Stache and Noe Tinoco Jr. have tragically died in an accident at the Ontario International Airport.
Ontario International Airport authorities are saying that Austin Stache and Noe Tinoco Jr. were operating a tug, which is used to pull dollies loaded with airplane luggage. For reasons that remain under investigation there was a collision.
UPS was cited for the accident, but there is no word yet on what took place. The tug carrying Austin Stache and Noe Tinoco Jr. did not have a top.
Grief counselors were called to the scene in order to speak with anyone that sought help. There is an ongoing investigation by Cal/OSHA in order to determine what went wrong.
A Go Fund Me page has been established to help the family of Noe Tinoco. According to the Go Fund Me page, “Noe was a hard working young adult. Noe loved two things in this world the most: his family and baseball. Noe’s was a huge fan of the Dodgers. We are asking all our friends and family to please find it in your hearts and come together by helping us make it through this hard time and helping us with donations to have our loved one put to rest.”
Liability In Ontario UPS Workplace Accidents
According to the Bureau of Labor Statistics, “A total of 5,147 workers died from a work-related injury in the U.S. in 2017, down slightly from the 2016 total of 5,190. The fatal injury rate was 3.5 per 100,000 full-time equivalent workers, also down from 3.6 in 2016.” Companies like UPS have a legal responsibility to take steps to keep workers safe including:
- Developing an accident prevention program
- Training workers to use equipment
- Training workers on the proper lock-out/tag-out procedures
- Performing maintenance on work vehicles
- Leading by example through following safety rules
Companies are also required to purchase worker’s compensation insurance in the event a worker is injured. According to the California Department of Industrial Relations Workers Compensation Guidebook, “If you get hurt on the job, your employer is required by law to pay for workers’ compensation benefits.” Benefits from worker’s compensation can help cover:
- Medical care
- Temporary disability benefits
- Permanent disability benefits
- Death benefits
What many workers and their families may not realize is that the worker’s compensation system may not be their only recourse after an accident. Generally speaking, employees are barred by statute from bringing injury claims against their employers. If a company separate from a worker’s employer contributed to an accident they could be held liable through a third party liability claim.
For example, the manufacturer of a tug could be held liable through a product liability claim. In order for the plaintiff to win a product liability claim they must show that the product or vehicle was defective in some manner. Product defects will typically fall into three broad categories:
- Design defects
- Manufacturing defects
- Marketing defects
The family of any victim that died in an accident with a tug may have legal recourse through California Code of Civil Procedure 377.60. Damages in a civil claim can help cover lost wages, medical bills, funeral expenses and loss of love. Unfortunately, product manufacturers will often fight vehemently to deny any liability for an accident involving their vehicles. A product liability attorney can examine all of the specific facts of your case and let you know what your legal options are.
Investigating An Ontario International Airport Accident
We at West Coast Trial Lawyers extend our deepest condolences to the families of Austin Stache and Noe Tinoco Jr. Any person that may have seen what happened should reach out to OSHA as they continue their investigation. It is our sincere hope that UPS will put in place measures to help prevent additional accidents like this.
If you or someone that you care about has been involved in a workplace accident you may have legal recourse. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that accident victims are aware of their rights so that they can make informed decisions. You’re always welcome to reach out to us anytime at (888) 888-9285.