In 2014, the most recent year for which there are statistics, 908 U.S. construction workers were killed on the job. Thousands more were injured. When workers are injured on the job, they are generally limited to collecting from workers’ compensation for their injuries. When injured by defective construction equipment, an injured worker may then file third a party personal injury lawsuit in order to obtain compensation for the damages incurred as a result of the defective equipment.
Most Common Construction Injuries Caused by Defective Equipment
Some of the most common defective constructive equipment claims involve the following:
- Ladders and scaffolding. Falls account for nearly 40 percent of all construction worker deaths in 2014. The U.S. Occupational Safety & Health Administration (OSHA) has strict requirements for ladders and scaffolding.
- Nails, nail guns, saws, etc.
- Defective wiring. Nearly 10 percent of all construction deaths are due to electrocution.
These are just a few examples. Any product used by a construction worker may be defective and cause injuries.
Proving the Injury Was Caused by the Defective Product
Manufacturers of equipment used in the construction industry have a duty to provide safe products to those workers who will be using them. This includes the duty to provide products free from design defects or manufacturing errors. If there are dangers to using the equipment, users must be properly warned of what those dangers are and given instructions on how to avoid them.
The three main components of collecting damages for a construction equipment defect claim are:
- The equipment was defective.
- The person was injured and suffered damages.
- The injury would not have occurred if the product had not been defective.
The most difficult factor to prove is that the equipment was defective. This can be done by showing that the manufacturer of the construction equipment failed in its duty to provide safe products, or failed to meet the OSHA requirements applicable to the equipment in question. A personal injury lawyer may file a claim for damages on behalf of the injured person on the grounds:
- The product had a design flaw and the flaw is responsible for the damage causing injury.
- The product was manufactured improperly.
- The product was designed and manufactured properly, but it was still dangerous and the manufacturer failed to properly provide a warning about the danger and/or failed to provide instructions about how to use the product in order to avoid the danger.
At the time of the injury, the person must have been using the product according to the way in which the manufacturer intended it to be used. If the product was being used as a manufacturer could reasonably expect it to be used, the person may still be able to collect for damages.
If you are a construction worker injured on the job by a defective product, or this happened to someone you love, contact our law firm today and fill out our free case evaluation form. Our firm has a track record of success and we will help you receive all the compensation to which you are legally entitled.