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Defective Construction Equipment Lawyer

Defective Construction Equipment on Construction Sites

construction-equipment-defect-lawsuit For decades, workers in the construction sector have been subjected to defective designs leading to catastrophic workplace accidents involving severe injuries and wrongful death. Although many of these cases involve employer negligence as a contributing factor to the severe injuries, defective construction equipment, devices, and tools have also been involved.

Were you injured in a workplace accident caused by defective construction equipment? At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates for injured workers to ensure they receive maximum compensation for their damages.

Contact a Chicago workers'compensation attorney today at (888) 424-5757 (toll-free phone call) or use the contact form to schedule a free no-obligation consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

The Dangers of Defective Construction Tools and Equipment

Heavy machinery is a necessity for heavy construction projects. The construction equipment, such as bulldozers and excavators, makes the building process easier and efficient.

These machines can have inherent manufacturing defects resulting in malfunction and injuries. Therefore, manufacturers should design safe equipment to avoid such accidents during operation.

ASME / ANSI Standards

The construction industry relies on ASME/ANSI design standards to safely install plumbing, natural gas, and fire sprinkler systems. Not only do these standards establish minimum requirements to satisfy code mandates, but they also serve as guidelines for projects with special considerations or higher standards.

ASME / ANSI Design, Fabrication & Testing Regulations

The ASME/ANSI standards comprise fifteen groups covering the design, fabrication, assembly, installation, inspection, testing, and maintenance of piping systems. Each group covers a specific process in the operation of the system:

  • Group A prevents overpressure in piping systems
  • Group B includes minimum safety factors for pipe sizing calculations
  • Group C covers pressure-temperature ratings for equipment
  • Groups D Through J establishes requirements for material specifications and conditions necessary to ensure safe installation practices
  • Groups K through N cover hydraulic functions, including fluid flow characteristics within pipelines, pressure design, material specifications, and mounting/securing conditions for equipment
  • Groups O through S address non-hydraulic issues concerning the system's working environment, including installation of underground piping
  • Groups T through Z are concerned with system examination, testing, and maintenance requirements following installation
  • Group V covers maximum allowable working pressures in low-pressure natural gas distribution systems

Defective Cranes Lead to Severe Injuries and Preventable Deaths

Crane accidents result from defective construction equipment. According to the Crane Manufacturers' Association of America, "Crane accidents kill or seriously injure as many as 30 people per week in the U.S. and [less severely] injure as many as 20,000 more."

In 2011, OSHA listed "Overspeed cranes" – cranes with malfunctioning speed control – among its top ten most frequently cited violations.

Recent crane-related accidents:

  • November 2012: A construction worker was killed when a crane pinned him against his truck on a construction area in Auburn Park Drive, in Michigan. OSHA fined the general contractor for failing to have an active certified crane operator on site.
  • June 2012: One worker was killed, and another was seriously injured in a rooftop accident in Queens, N.Y. when wind gusts sent a crane's 6-ton counterweight crashing into the men. OSHA cited the crane owner and the site supervisor for failing to provide workers with fall protection, not giving them verbal warnings about work conditions, and not wearing hard hats.
  • December 2011: A worker was killed in a construction accident caused by a mobile crane in Dallas. In addition, OSHA issued citations against eleven companies involved in the project for various alleged safety violations related to unsafe practices on site.
  • August 2011: Eleven people were injured when scaffolding at an apartment complex fell while a crane was used to lift steel rods onto the building. OSHA cited the general contractor for failure to provide safe access to and from platforms and adequate training regarding proper setup and use.
  • March 2011: Two construction workers were killed, and one was seriously injured in Manhattan after a crane collapsed and crushed their worksite. OSHA cited construction company Bovis Lend Lease with nineteen alleged violations of federal workplace safety standards following an investigation into the accident.
  • November 2010: Four construction workers were seriously injured by a crane at a construction site in Santa Ana, Calif. OSHA cited the site's general contractor for not providing adequate training to workers at heights and requiring employees to work without personal protective equipment.

Regulated Crane Designs

Standards for crane designs include:

  • Every crane and hoist must be manufactured with an electrical disconnect switch
  • Every hoist and hook can never be repainted
  • Must have backup braking systems
  • The maximum load (capacity) of the boom and the maximum length must always be visible to an operator
  • Crane height, including backstay
  • The minimum emergency shutdown procedures to be included in a crane manual
  • Load charts showing the maximum lift capacity of a crane at a specific radius

If the crane meets the design standard, every component must also meet standards that include:

  • Every component and reading device must be safety certified.
  • Every component must be safety rated for the weight of the load hauled
  • Systems are required to have backups
  • Load readings must be accurate.

The information transmitted from the crane to its control center must be accurate and not altered or false reporting based on the following criteria:

  • All devices, data readings, and systems must be checked before use
  • Mechanical Inspections to ensure every system is working properly

The Hazards of Using Defective Construction Equipment

Every piece of construction equipment and tool used on a construction job is designed to make high-powered maneuvers. Equipment must be designed with workers' safety in mind to avoid accidents occurring.

Dangerous Construction Vehicles

Some construction places are dangerous due to geographical location and environmental factors. For example, construction vehicles can easily lose control when traversing gravel roads or unstable terrain where landslides are common.

Even a small accident can result in severe injury, especially if an operator works on the vehicle instead of inside a controlled cab. Any unexpected incident could lead to a car accident or result in defective construction equipment. The crane industry takes every incident seriously and learns from each accident.

If you or someone you love were the victims of an injury caused by a defective piece of equipment, contact our personal injury attorneys now at (888) 424-5757 for a free consultation to discuss your legal options on staying safe or holding your employer accountable on the construction area.

Identifying Defective Designs

Many manufacturers of construction equipment design to meet minimum standards to maximize profits. As a result, many types of equipment lack important functionalities resulting in defective construction equipment or a catastrophic accident.

In recent years, OSHA (Occupational Safety and Health Administration) hasn't placed restrictions on how cranes, forklifts, and other lifting devices can be used. But, unfortunately, even though forklift operators are told not to operate their vehicle moving more than five mph, nearly all lifts are designed and manufactured without a speedometer.

Defective implements and tools on use at construction sites include:

Defectively Designed and Manufactured Devices Cause Accidents

Even properly designed equipment with the best safety features can be defective when constructed with substandard materials and parts.

Backhoes, bulldozers, forklifts, cranes, front-end loaders can cause catastrophic accidents if they malfunction. Some of the components most at risk of a defective design include steering and hoist lines.

Safety devices are meant to protect workers from injuries, but injuries occur when defective tools are used. These injuries could include:

If you or someone you love was the victim of an accident caused by defective tools, contact our attorneys for legal advice.

Identifying Defective Manufacturers

The faulty design of the equipment often contributes to an accident. In addition, manufacturers are liable when they fail to provide adequate instructions for safe use.

Manufacturers can be held responsible for injuries resulting from defective tools in many ways:

  • The instructions failed to include important safety precautions
  • The instructions were too difficult to understand
  • Invisible warnings

A piece of equipment fails because it has been incorporated into another manufacturer's product without an adequate safety warning attached. In some cases, this is called "failure-to-warn" and can greatly impact a claim if proven as part of your case.

Liability for defective equipment includes:

  • Failure to warn
  • Design defect
  • Manufacturing defect

Even if your equipment was properly designed and manufactured, but the manufacturer failed to provide adequate instructions for safe use, they may still be held responsible in personal injuries claims. The lack of clear instructions is quite common in the construction industry.

Product Liability Law

Product liability is an area of personal injury law dealing with cases where a manufacturer, wholesaler, or retailer may be held legally responsible for injuries caused by products sold to consumers. It can sometimes include other parties such as contractors and construction companies.

A product defect could be badly designed products, faulty manufacturing processes, or insufficient safety warnings.

When defective construction equipment causes an injury, you may have a product liability claim depending on several factors:

  • The nature of the defect
  • Whether or not your employer or contractor was aware of the safety features designed into the equipment
  • Whether a worker was adequately trained to use the equipment
  • The time after an injury occurred after a purchase from a retailer, including whether it is still in warranty from factory defects

In many cases, product liability claims include damages for medical bills, pain and suffering, lost wages, loss of consortium (in serious cases), and long-term disability resulting from a defective tool accident.

Any manufacturer who designs a defective piece of equipment can be held responsible for injuries caused by their bad design during construction accidents.

If you have been injured in an accident involving defective equipment, contact the experienced attorneys at Rosenfeld Injury Lawyers, LLC today at (888) 424-5757 to schedule a free consultation and receive legal advice on moving forward.

Defectives Products & Equipment That Cause Injury

While accidents are inevitable on the job site, employers should actively protect their employees and provide safe working conditions.

Product liability claims can be filed against manufacturers or suppliers who create dangerous conditions that lead to serious injuries due to defective construction equipment.

The following products are examples of faulty equipment & machinery that have led to injuries.

Car Batteries

While they are not exactly heavy equipment, faulty car batteries have been the root cause of several construction site accidents. A battery explosion can result in a car accident, leading to a chain of reactions at the construction area.

Defective Scaffolding

Even properly designed scaffolding can cause catastrophic injuries if the product is not installed correctly when performing a dangerous construction job. Unfortunately, defective construction equipment such as scaffolding is a serious risk on construction sites due to the many components that can fail, such as bolts and couplers.

Regulatory agencies require scaffolding to be designed as follows:

  • Single pole scaffold (extendable poles)
  • Tube and coupler scaffolding
  • Cantilever scaffold: Vertical poles connect the ledgers and transoms to provide a cantilever solution for scaffolding a job
  • Suspended scaffold: Typically, a suspended framework provides a working platform for construction employees

OSHA (Occupational Safety and Health Administration) regulates scaffolding construction and installation. Scaffolding manufacturers, general contractors, site developers, and employers must follow OSHA regulations to ensure worker safety.

Holding an Equipment Designer or Manufacturer Financially Accountable

The manufacturer must make safety equipment for the intended purpose. If they fail and someone gets hurt, they are financially accountable for serious accidents involving negligence or defective construction equipment.

Injured construction workers harmed by a defective product have the right to access legal services and file a lawsuit against the manufacturer to recover compensation for their injuries.

If the plaintiffs seeking damages caused their injuries through intentional conduct, it precludes them from filing a lawsuit.

If you've been injured while using any equipment at work or on the job site, please call our law firm for a free case evaluation to discuss your case.

Should it be determined that the product caused harm due to negligence, our defective construction equipment lawyers will make sure you receive compensation for medical bills, pain, and suffering, lost wages, and more. That's our guarantee.

If a defective product has left you with a permanent disability instead of a temporary one, our law offices can help with that too.

Your future shouldn't be ruined because of an injury caused by someone else's negligence. You deserve justice, so don't hesitate to contact our personal injury lawyers today!

What Surviving Family Members Should Do If They Lost a Loved one in a Defective Equipment Accident

Did your loved one sustain serious injury due to defective construction equipment or tools? If so, you have the legal right to file a wrongful death lawsuit, and our law offices can help you obtain financial compensation for your damages.

Our personal injuries attorneys will offer you a free consultation and ensure you receive the maximum monetary recovery that covers all your damages, losses, and expenses, including:

  • Lost salaries and future lost earnings
  • Loss familial support
  • Loss of consortium and companionship
  • Your loved one's pain-and-suffering before they died

Under Illinois law, qualifying family members including spouses, children, parents, and grandparents can file a civil claim or wrongful death lawsuit. Additionally, the decedent's estate defective construction equipment lawyers can file a claim on behalf of the decedent.

The Statute of Limitations

Under Illinois law, injured victims harmed by a defective product can file a product liability lawsuit against the designer and manufacturer. However, the state limitations' statute restricts that time to two years from when the accident occurred or when the victim knew about the harm.

However, only a competent personal injury attorney specializing in construction accidents and product liability cases can determine when the statute expires.

Call our law offices today at (888) 424-5757 (toll-free phone number) or use the contact form for a free consultation to discuss your case's merits.

Speak with a defective construction equipment lawyer about serious injury to your loved one, receive workers' compensation benefits, and file a product liability lawsuit.

File a Faulty Construction Equipment Claim Through a Personal Injury Lawyer

Were you injured in a construction accident that was caused by faulty equipment? Did you file for worker's compensation but are not receiving sufficient monetary compensation to cover all of your damages?

At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys have secured over $250 million and financial compensation for our clients' harm through the negligent actions of others. We can help you too.

Call our law firm today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation. Then, let us begin working on your case today to ensure you receive maximum workers' compensation.

All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

We accept all personal injury cases and wrongful death lawsuits on a contingency fee basis. This promise ensures you do not pay our legal fees until we have successfully resolved your case through a negotiated settlement or jury award.

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