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Holding an Equipment Manufacturer Liable in a Construction Accident

By Matthew Golitko on January 07, 2018

A bulldozer pushing dirtThere can be multiple factors contributing to construction accidents. Research must be conducted to identify all negligible parties. For workers injured due to faulty or defective equipment, the manufacturer must be held accountable. Our experienced work injury attorneys at Golitko & Daly in Indianapolis, IN can assist you in holding an equipment manufacturer liable in a construction accident.

Construction Equipment and Product Liability

Liability law applies to instances in which an injury was caused by malfunctioning equipment, rather than negligent use of equipment. In these cases, a product liability claim can be issued against the manufacturer, rather than the employer or property owner.

Every year, thousands of construction workers are injured on the job due to defective or unregulated machinery, and every year, manufacturers are held accountable for the damages caused by their faulty equipment.

There is no federal law in place regarding manufacturer liability. However, under The Indiana Products Liability Act, products must not be in defective condition or be unreasonably dangerous to the consumer. The manufacturer is held accountable for any physical harm that ensues as a direct result. Therefore, manufacturers must often pay the price in a court of law when defective products injure someone.

Basis for a Product Liability Claim

There are several reasons a piece of construction equipment may be deemed defective or faulty. Equipment defects could include:

  • A flaw in the manufacturing process
  • Old or broken parts or components
  • Incorrect maintenance procedures
  • Failure to include a known safety feature (a design defect)
  • Incorrect instructions for use
  • A lack of warning about the dangers associated with the use of the product

If you choose to pursue a product liability claim, your lawyer will need to prove that the product that caused your injury was dangerous or defective. Typically, the claim will focus on one major problem concerning the equipment. However, if multiple factors are obvious, they will also be cited in the claim.

Possible Injuries from Defective Construction Equipment

There are numerous ways that faulty construction equipment can cause accident or injury. Some possible outcomes include:

  • Being trapped or crushed
  • Being struck by heavy objects
  • Traumatic brain injury
  • Abrasions or burns
  • Exposure to toxic substances or chemicals

Any of these unfortunate accidents can result in extensive medical costs and lost time from work. You deserve to have a team of experienced attorneys fighting by your side.

Unfortunately, these types of construction accidents can also result in death. If a loved one has passed away due to defective equipment, you deserve compensation for emotional pain and suffering and the overwhelming financial burden you are sure to endure.

Contact Golitko & Daly Work Injury Lawyers Today

If you or a loved one has been harmed by defective, damaged, or faulty equipment on a construction site, let our work injury attorneys at Golitko & Daly come to your aid. Our experienced and skilled lawyers can assist you throughout the entire legal process. Cases such as these are time-sensitive, so be sure you seek counsel as soon as possible following the accident. You should not have to suffer due to the negligence of a manufacturer. We can help you obtain recompense for your suffering and help you rebuild your quality of life. To schedule a consultation, call our office at (317) 566-9600 or contact us online.

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