What is product liability on a construction site?
Construction Accident - March 13, 2022
Common defective machinery and tools
“Product liability” refers to the legal responsibility of a manufacturer or distributor for producing or selling a faulty or defective product. Construction sites are full of tools, machines, and products which can all cause serious injury if even one part is defective.
If you work on a construction site and were injured due to a product failure or malfunction, the manufacturer may be held liable for damages. It’s important to speak with an experienced construction injury lawyer who can help you determine if the manufacturer is responsible.
4 most commonly defective tools in construction sites
Below you’ll see some of the most common defective pieces of equipment on work sites.
Most crane-related defects occur due to missing or malfunctioning parts. Hoists and rigging devices may have been designed or manufactured improperly. Cranes with no safety latches, electrical disconnect switches, or sufficient load capacity can cause serious or even fatal incidents to even the most seasoned operators.
Backhoes are usually powered by finicky diesel engines, which can be difficult to start in cold weather typical of Chicago. If these engines are not maintained properly, or if the manufacturer failed to make them at least somewhat weather-resistant, malfunction can occur and possibly injure someone operating the machine.
It’s rare to see a construction site without some type of forklift. While they eliminate the need for heavy lifting, a forklift can cause serious or fatal injury if overhead guards or restraint systems are missing or defective.
Scaffolds made using poor equipment or manufacturing techniques are more susceptible to collapse, causing workers to fall through or off of the scaffold.
In some cases, a construction injury is caused by a manufacturing defect that was not discovered until after the product was marketed and sold.
If you have been injured by a defective product, it is important to speak with an experienced construction injury lawyer as soon as possible. You may be able to file a lawsuit against the manufacturer if they were negligent in the manufacturing process.
What your attorney must prove
To win a lawsuit against a manufacturer, your attorney must be able to prove that the product was defective, that the defect caused your injury, and that you suffered actual damage as a result.
If negligence was at play, your attorney will have to prove that the manufacturer owed you a duty of care, that they breached that duty, and that you were injured as a result.
Or, your case may be subject to a breach of warranty. In these cases, your attorney will have to demonstrate that the manufacturer breached the express or implied warranty that states, among other things, that their product shouldn’t cause harm if used for its intended purpose.
Injured on a construction site? Call us.
If you or a loved one were injured in a construction accident, speak with an experienced construction injury lawyer as soon as possible.
Horwitz, Horwitz & Associates can help you file a lawsuit against the manufacturer and work to hold them responsible for your injuries. We have years of experience helping injured workers get the compensation they deserve.
Call us today at (800) 985-1819 to schedule a free consultation. We’ll help you decide if you have a case.