Construction is one of the most dangerous types of industries to work in.
Construction sites are dangerous places for several reasons.
For example, workers spend a significant amount of time high up in the air, work with potentially dangerous tools, and are in proximity to large construction vehicles.
However, one of the most common causes of injuries to workers involves defective equipment on a construction site.
Types of Potentially Defective Equipment on a Construction Site
Construction sites vary in terms of the equipment used on the project.
However, in general, the following are among the most likely to cause serious injury if defective:
- Trenching equipment,
- Power tools,
- Extension cords, and
Of course, this is an incomplete list as any piece of defective equipment can cause injury to a worker.
The Law Offices of Theodore A. Naima can help you determine who is to blame for dangerous equipment that causes your injuries.
Liability for Defective Construction Equipment
There are several parties that may be liable for dangerous or defective construction equipment.
Most often, victims can pursue a product liability claim against the manufacturer.
Product liability claims are unique among personal injury cases because, as a general rule, injured parties do not need to prove that the manufacturer was negligent.
It is typically sufficient to show that the equipment was defective and that the equipment’s defect caused the worker’s injuries.
Workers may also pursue a product liability claim based on a dangerous (but not necessarily defective) product that did not contain the necessary warnings and instructions for its safe use.
In addition to the equipment manufacturer, a worker’s employer may bear responsibility for injuries caused by dangerous or defective construction equipment.
Employer liability usually comes about when the equipment was not properly maintained or if the equipment was kept in use past its expected life span.
However, New York workers’ compensation laws may stand in an employee’s way.
If their employer maintains a workers’ compensation insurance policy, injured workers are often precluded from suing their employer.
Employees in this situation generally have to go through workers’ compensation to recover damages for their injuries. That said, there are exceptions to this general bar.
So workers interested in pursuing a claim against their employer should consult with an experienced New York personal injury lawyer for assistance.
The information provided on this page speaks in general terms. Of course, there are often exceptions that apply in certain situations.
For a complete list of all exceptions, please consult the Consolidated Laws of New York.
Attorney Naima is also happy to answer any questions you have about your injuries or ability to pursue a claim against the responsible party.
Did You Recently Suffer a Construction Site Injury?
If you sustained serious injuries on a dangerous construction site, reach out to the Law Offices of Theodore A. Naima for immediate assistance.
If you are wondering who is to blame for dangerous equipment on a construction site, we can help.
Attorney Naima has more than 25 years of hands-on experience helping accident victims recover the compensation they need and deserve following a serious injury.
He regularly handles construction injury claims and knows what it takes to obtain the best possible result in your case.