What to Do if Injured by a Defective Product on a Construction Site?

Defective products on construction sites can lead to serious injuries or fatalities. The Bureau of Labor Statistics (BLS) reports that many construction-related injuries are caused by faulty tools and machinery, often stemming from design flaws, manufacturing errors, or inadequate maintenance.

What Is Products Liability?

All product designers, manufacturers, and distributors are required to produce and provide safe products for consumers. Products liability refers to the legal responsibility of product designers, manufacturers, distributors, and retailers for injuries caused by their defective products.

Pennsylvania and New Jersey products liability law ensures that companies are held accountable for producing or distributing equipment that has dangerous design flaws, manufacturing errors, or insufficient warnings and that victims are compensated for their damages. In some cases, if improper maintenance of tools or machinery leads to injuries, the victim may be able to recover.

How Can Construction Equipment Be Defective and Unsafe?

Construction equipment can be defective in several ways, leading to potential hazards and injuries on job sites. Product defects typically fall into these main categories:

• Design Flaws: Unsafe equipment due to poor design, such as machinery that lacks essential safety features or has a structural weakness.
• Manufacturing Errors: Mistakes during the manufacturing process can introduce defects, such as using substandard materials, improper assembly, or failure to adhere to quality control standards.
• Instruction and Warning Errors: Products with confusing and inadequate instructions for safe use and/or inadequate warnings of the risks associated with using the product.
• Inadequate Maintenance: Equipment that is not properly maintained can develop flaws not present when it was first produced, such as wear and tear, parts needing replacement, or other unsafe issues.

Construction managers should be aware of the potential dangers of defective products to help prevent accidents and ensure a safer worksite.

What Are Common Types of Defective Products on Construction Sites?

Construction sites are inherently hazardous environments, and defective products can significantly exacerbate the risks. When products are designed and sold without safety features or do not function properly, they can cause severe accidents and injuries.

Common types of defective construction products include:

• Malfunctioning power tool accidents
• Safety gear failures
• Scaffolding and ladder collapses
• Heavy machinery malfunctions
• Electrical system failures
• Lighting equipment issues
• Compromised building materials
• Hydraulic system failures
• Inadequately guarded machinery and tools

Defective construction products can cause serious accidents, resulting in severe injuries, including amputations, hand injuries, burns, eye injuries, spinal cord damage, traumatic brain injuries, fractures, paralysis, and permanent disabling conditions.

What Is Construction Management’s Role in Ensuring Worker Safety from Defective Products?

Construction management plays a crucial role in ensuring workers’ safety against defective products on construction sites. Construction managers can prevent injuries from defective products by ensuring safety practices, oversight, and communication through the following actions:

• Ensuring all tools and safety gear meet applicable safety standards.
• Conducting regular equipment inspections to identify defects.
• Regularly maintaining and repairing equipment to prevent accidents.
• Keeping detailed records of inspections, maintenance, defects, and repairs.
• Educating and training workers on proper equipment use and identifying defects.
• Complying with all local, state, and federal safety regulations.
• Reporting defective products to manufacturers and implementing systems for workers to report equipment defects.
• Enforcing use of personal protective equipment (PPE).
• Establishing and enforcing emergency procedures for defective product accidents and injuries.

What Are My Rights if I Am Injured by Defective Construction Equipment?

Understanding your rights if you are injured by defective construction equipment is important. Pennsylvania workers injured in the course of their employment are entitled to Workers’ Compensation benefits, including medical expenses, lost wages, disability, and death benefits for dependents.

You may also have the right to file a third-party claim for additional damages against any manufacturers, distributors, rental companies, leasing companies, or suppliers for designing and selling the defective products that injured you.

You have the right to seek legal representation to help you determine the extent of your damages and pursue compensation for your losses.

Who Can Be Liable for Defective Construction Equipment Products?

Construction environments are dangerous, and workers face serious accidents and injuries daily. With the extent of tools and equipment required on a construction site, workers are particularly vulnerable to injuries caused by defective equipment. Determining liability over defective equipment is often complex and may involve multiple responsible parties, such as:

• Employers: Employers are responsible for workers’ compensation benefits if a worker is injured by a defective product.
• Equipment Owner or Rental Company: If the equipment malfunctions or is unreasonably dangerous, the owner of the equipment may be liable for its negligence.
• General Contractors: General contractors and construction managers may be responsible for ensuring a safe job site.
• Designers: Design flaws can pose significant risks, making designers liable if the flaws lead to injuries.
• Manufacturers: Manufacturers can be liable if faulty processes produce defective products, fail to warn consumers of the dangers, or knowingly continue to produce the product.
• Sellers: A product supplier or retailer may also be held strictly liable for injuries and damages caused by defective products they sell.

What Damages Can I Claim for Injuries Caused by Defective Construction Equipment?

You can seek both economic and non-economic damages for injuries caused by defective construction equipment. Economic damages include expenses and losses directly related to your injury, such as medical expenses and lost wages. Non-economic damages cover intangible expenses that impact your quality of life, such as pain and suffering, emotional distress, and loss of life enjoyment.

In Pennsylvania, the statute of limitations for filing an injury claim is two years from the date of the injury, so you must act quickly to seek compensation.

What Should I Do if I Am Injured by Defective Construction Equipment?

If you are injured by defective construction equipment, it is crucial to gather information as soon as you can by taking the following steps:

• Report the Accident: Notify your supervisor or employer as soon as possible and report what caused the accident and injuries.
• Document the Scene: Take photos of everything at the scene, including the faulty equipment that caused your injuries.
• Gather Witness Statements: Ask witnesses for statements.
• Seek Medical Attention: Seek medical attention as soon as possible, even if you think your injuries are minor. You may have more serious injuries than you realize, so it is important to seek medical attention if you have been hurt.
• Keep Records: Hold onto all records and expenses related to your injuries.
• Gather Forms: Since your injury occurred at work, you must file Workers’ Compensation forms in order to start receiving benefits in addition to potential third-party claims.
• Consult a Lawyer: Products liability claims and construction accident claims are complex and often involve multiple parties. It is wise to consult an experienced products liability lawyer to help you establish liability, calculate your damages, and negotiate with insurance companies for compensation.

Go to Galfand Berger LLP Today

If you are injured by defective construction equipment, Galfand Berger LLP can help you navigate the complex process of filing a products liability claim.

We handle various types of claims. Some of our recent products liability settlements and verdicts include:

• $36 million recovery for two steelworkers who were injured and the family of another who was killed by a defective steel-producing machine that exploded.
• $10.6 million settlement for two maintenance workers who were burned, one fatally, by pure sulfuric acid due to a defective storage tank.

Philadelphia Products Liability Lawyers at Galfand Berger LLP Fight for Construction Workers Injured by Defective Equipment

If you have been injured by a defective product on a construction site, the experienced Philadelphia products liability lawyers at Galfand Berger LLP can help you seek the compensation you deserve for your injuries and losses. Call today at 800-222-USWA (8792) or contact us online to schedule a free consultation. Located in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, we serve clients in Pennsylvania and New Jersey, including Allentown and Harrisburg.