Construction sites are hazardous, and workers face many risks daily. Equipment malfunctions can cause severe and even fatal injuries, leading to financial burdens, emotional distress and a long road to recovery. When accidents occur due to faulty equipment, injured parties often wonder who bears responsibility.
What is product liability?
Product liability laws hold several parties accountable for injuries caused by defective products. In construction, liability may extend to the following in the product’s chain of distribution:
- Manufacturers: They have a duty to design and produce safe products. If a malfunction occurs due to a design or manufacturing defect, the manufacturer may be liable.
- Distributors and sellers: They also have a duty to ensure the equipment they sell or distribute is safe for use. Failure to inspect or warn users about potential hazards can lead to liability.
- Equipment lessors: Like sellers, they may be liable if they lease faulty equipment or fail to provide adequate warnings, as they are often considered part of the “stream of commerce.”
Meanwhile, construction companies may be liable in claims joined with product liability if their actions contribute to an injury. Such actions include failing to maintain equipment, negligently operating equipment and failing to provide proper training to employees. An investigation can determine the cause of the malfunction and identify all potentially responsible parties.
How to prove liability
To prove liability, injured parties must show that the actions of the defendant directly caused their injuries. This often involves gathering evidence, interviewing witnesses and consulting with professionals specializing in construction equipment. In New York, plaintiffs have three years to file a product liability lawsuit.
Seeking justice after a construction equipment accident
Construction equipment malfunctions can have serious impacts, and determining liability can be complex. It is crucial for construction workers and their families facing this situation to know their legal options. With legal guidance, they may better protect their rights and make informed decisions as they seek justice and fair compensation.