Filing a Claim for Defective Construction Equipment
Defective or malfunctioning equipment on a construction site can cause serious injuries to construction workers and other persons who may be on or passing by a construction site. If you have been injured by defective construction equipment as a construction worker, you may be entitled to seek compensation for your injuries and damages, including medical expenses and lost wages, by filing a claim for workers’ compensation from your employer.
In addition, any person who has been injured by a defective or malfunctioning piece of construction equipment, regardless of whether he or she was a worker on the construction site or merely an innocent passerby, may be entitled to file a third-party claim against the manufacturer of the equipment, if your injuries were caused by a defect, or against the party or parties responsible for maintaining the equipment (such as the construction contractor), if your injuries were due to a catastrophic malfunction or failure of the equipment caused by inadequate maintenance. In a third-party claim, you may be entitled to recover your medical expenses, lost income, earning capacity and damages for your pain and suffering.
Examples of Defective Construction Equipment
A construction site may be home to numerous different pieces of equipment. Examples of construction equipment that may turn out to be defective or malfunctioning and cause injury to someone include:
- Power tools, including nail guns, drills, saws, sanders, or jackhammers
- Safety equipment, including safety glasses, helmets, or safety harnesses
- Scissor lifts
- Cherry pickers
- Front-end loaders
- Skid steer loaders
No matter what type of equipment caused your injury, you may be entitled to compensation for your medical expenses and your lost wages. However, depending on the circumstances of your accident, you may only have a very short window of time in which to file your claim and receive the maximum compensation you are entitled to. This is why it is critical you speak to an experienced attorney as soon as possible after your injury to discuss your legal rights and options.
How an Attorney Can Help You Pursue a Defective Construction Equipment Claim
If you have a defective construction equipment claim, an attorney can help you pursue your case, whether you are seeking workers’ compensation, filing a third-party product liability claim, or both. Immediately following your accident, an attorney can begin conducting a thorough investigation of your accident, which often includes ensuring that critical evidence such as the defective equipment is preserved. Defective construction equipment claims will frequently require expert testimony, so an attorney can connect with and begin working with engineering and construction experts who can opine as to how the particular piece of equipment was defective or malfunctioned and how it ended up injuring you and, more importantly, whether the manufacturer of the equipment bears any liability for your injuries for a design or manufacturing defect or lack of safety features. An attorney can also work with medical, financial, and vocational experts to establish a solid calculation of your past and future damages. Finally, an attorney can begin aggressively advocating on your behalf to obtain a financial recovery from the parties identified as having legal liability for your injuries.
Contact a Red Bank Personal Injury Lawyer to Discuss Your Product Liability Case in New Jersey
Were you or a loved one injured due to a defective product in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured in Red Bank, Monmouth Beach, Wall Township, Spring Lake and throughout Monmouth County, Ocean County and Middlesex County, New Jersey. Call (732) 576-8860 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 25 Reckless Place, Red Bank, NJ 07701 as well as offices in Hazlet and Brick.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.