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General manager investigated over workplace accident involving a forklift

SMK Lawyers success story defending individuals and companies accused in criminal proceedings following workplace accidents.

The accident occurred on February 26, 2018, at the facilities of the company that later retained SMK Lawyers. The injured worker was the driver of a truck who came to the premises to load certain materials. During the loading operation, the worker, who had stepped down from the truck, was struck by a company forklift.

Due to the severity of the injuries, the Investigating Court opened a criminal investigation. Throughout the investigation, numerous procedures were carried out, including taking a statement under investigation from the company’s general manager at the time of the accident. It was the general manager who decided to hire SMK Lawyers to handle the defense for both himself and the company in the criminal proceeding.

Once the Instruction phase concluded, SMK Lawyers requested dismissal of the case, arguing that our client had not committed any offense that could give rise to criminal liability, as the injured person’s behavior clearly fell under voluntary exposure to danger self-imposed risk.

The presiding Judge of Investigating Court number 2 in Valls issued an order which, after a thorough review of the investigation phase, accepted the arguments presented by SMK Lawyers and granted dismissal of the proceedings.

 

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