When an accident occurs, it may not be easy to tell who is to at the start – especially when the accident takes place on a busy construction site.
Ultimately, various people or organizations may be to blame for your accident, from the employer who didn’t fix a ladder to the manufacturer of the ladder who made a faulty product. Having an attorney with the knowledge and experience you can count on to guide you through the process is critical.
When construction equipment is defective, multiple parties may share the blame and the legal responsibility for your injuries. Read on to find out more about who may be to blame for faulty construction equipment and the accidents they can cause on New York construction sites.
Potential Parties Who May Be Liable
In a construction injury case, it’s important to understand who is liable for the accident. It’s not likely that the guilty party or company will jump in to take the blame. They may go as far as to convince the person who was injured that they caused the accident so that they don’t have to pay for injuries and other costs related to the accident.
Having legal representation in your case as soon as possible can help. An attorney can help you understand the cause of the accident and perform their own investigation to see who may have been negligent in a way that contributed to the accident.
Sometimes, it takes legal guidance to dig a little deeper and discover the root cause of an accident. In construction site accidents, it’s not uncommon to find these causes:
Poorly Designed Equipment
Sometimes, equipment may have an inherent flaw because of a defect in the design of the product itself. The defect may make the product more likely to fail and cause injury, in which case the product designer can shoulder the blame for the accident.
Hand tools, heavy machinery, and everything found on a construction site must be assembled correctly, according to the manufacturer’s instructions. If it’s not been adequately manufactured, it can cause severe injury on a construction site, which the product manufacturer may blame.
Warning of Danger
Sometimes, many different parties can be to blame for equipment failure that leads to injury on a construction site. If there are known dangers involved with equipment on site, then failure to warn of those hazards can make inspectors, manufacturers, and distributors responsible.
Maintenance and Repair Defects
Owners and operators of construction sites are responsible for ensuring that the equipment used is adequately repaired and maintained. If they are not, then they can be held liable for any injuries related to failures.
Considerations for New York Construction Workers
There are many avenues a New York construction worker can take to collect damages related to defective construction equipment. In most cases, the best course of action will be to file for workers’ compensation to recover funds for unpaid medical bills. However, this compensation may not be enough to pay for all the costs associated with your injury, particularly in cases where defective equipment is to blame.
If faulty equipment has led to a permanent disability or severe injury, then you may be able to get additional compensation in a few ways.
If a defective product was created or distributed by a manufacturer that caused your injuries, then you can file a product liability claim against the manufacturer. This type of claim can help you get awarded for non-economic damages such as reduced quality of life or pain and suffering.
New York Labor Laws
Under New York Labor Laws 200 and 241, owners and contractors on construction sites must ensure the workplaces are safe and reasonable for their employees. Contractors, subcontractors, and owners who know faulty equipment is present and don’t remove it or who don’t adequately train their employees for safety are liable.
Also, an employee may owe compensation if safety equipment is outdated or defective.
You have options if hurt by faulty construction equipment in New York. The best course of action for you is to get an experienced attorney on the case as soon as possible. They can protect your rights as you recover from your injuries.