Long Island Faulty Or Defective Construction Equipment Lawyer
Construction sites are inherently dangerous environments, with workers often exposed to unnecessary risks that can lead to serious injuries. A chief risk of serious or even fatal injury lies with faulty or defective equipment on the job site. When construction workers are injured due to defective equipment provided, repaired, or maintained by a third party, they may be entitled to pursue compensation beyond workers’ compensation claims.
At Jacobson Law, our dedicated Long Island construction accident attorneys help injured workers hold negligent third parties accountable when faulty or defective equipment leads to serious injury. With the utmost case preparation and attention to detail, our experienced litigators put accident victims in the best position to maximize their recovery by holding all responsible parties liable for the harm they have caused.
Third-Party Liability in Construction Accidents
In New York, workers’ compensation is the standard remedy for employees injured on the job. However, workers’ compensation benefits are often limited, covering only medical expenses and a portion of lost wages. In cases where a third party—someone other than the employer—contributed to the accident, the injured worker may have the right to file a personal injury lawsuit to seek additional compensation, including for pain and suffering.
Third-party liability arises in construction accidents when an entity that is not the employer contributes to the unsafe conditions that led to the worker’s injury. When faulty or defective equipment is involved, this often means the equipment manufacturer, distributor, or supplier could be held liable. In some cases, a contractor or subcontractor who failed to properly maintain or inspect the equipment might also be at fault.
Common Types of Defective Construction Equipment
A wide range of construction equipment can be defective and cause accidents. Some of the most common types of faulty or malfunctioning equipment include:
- Scaffolding and ladders – Defects in scaffolding or ladders can lead to collapses, causing workers to fall from significant heights.
- Power tools – Faulty power tools, such as drills, saws, or nail guns, can malfunction, resulting in severe injuries.
- Heavy machinery – Cranes, forklifts, and bulldozers can malfunction due to design flaws or manufacturing defects, leading to devastating accidents.
- Protective gear – Defective safety equipment like helmets, harnesses, or protective eyewear can fail to protect workers as intended, resulting in serious injuries.
How Defective Equipment Causes Construction Accidents
Construction equipment may be considered faulty or defective if it is poorly designed, manufactured with low-quality materials, or improperly assembled. In some cases, equipment may become dangerous due to a lack of proper maintenance, unclear instructions, or insufficient safety warnings.
Examples of equipment defects that can lead to construction accidents include:
- Design defects – If the equipment’s design is inherently unsafe, such as a power tool without proper safety guards, the manufacturer may be liable.
- Manufacturing defects – Errors in the manufacturing process can result in flawed equipment that poses a danger to workers.
- Failure to warn – Manufacturers are required to provide clear instructions and warnings regarding the safe use of equipment. If these warnings are inadequate or absent, the manufacturer could be held responsible for resulting injuries.
Pursuing Compensation for Injuries Caused by Defective Equipment
When a construction accident involves faulty or defective equipment, a personal injury lawsuit may be filed against the responsible third party. To succeed in a third-party liability claim, it must be shown that:
- The equipment was defective – The plaintiff must demonstrate that the equipment in question was faulty or inherently dangerous due to design or manufacturing flaws or that necessary warnings or instructions were missing.
- The defect caused the injury – It must be proven that the defective equipment directly caused the worker’s injury. This may involve gathering evidence such as accident reports, eyewitness testimony, or expert analysis of the equipment.
- The third-party was negligent – The injured worker must show that the manufacturer, distributor, or another third party was negligent in providing or maintaining the faulty equipment.
Compensation Available in a Third-Party Liability Claim
While workers’ compensation may cover some of the costs associated with a construction accident, third-party liability claims can provide additional compensation for pain and suffering. Unlike workers’ compensation, a third-party lawsuit allows injured workers to seek damages for physical pain and emotional suffering resulting from the accident. Additionally, workers’ compensation only provides partial wage replacement, but a third-party claim can seek full compensation for lost wages, including future lost earnings. Compensation may also be available for loss of enjoyment of life or inability to participate in normal activities.
How Jacobson Law Can Help
At Jacobson Law, we understand the devastating impact that a construction accident can have on your life and your livelihood. If you were injured due to faulty or defective equipment on a construction site, you may have a valid claim against a negligent third party. Our knowledgeable Long Island construction accident lawyers will thoroughly investigate the circumstances of your accident, identify all liable parties, and fight to ensure you receive the compensation you deserve.
Contact Jacobson Law today at 631-661-2030 to schedule a free consultation and discuss your legal options. Let us help you secure the justice and compensation you are entitled to following your construction accident.
