Brooklyn, New York Defective or Unsafe Equipment Injury Attorney
Have You Suffered an Injury Due to Defective Safety Equipment?
Construction workers are more likely to suffer accidents and injuries at heights than workers in other professions, regardless of the project, whether it be a domestic remodel, commercial high rise, or any other. Naturally, lowering those dangers calls for safety gear, such as various guards, protective devices, and other machinery that must operate as intended.
Workers now have access to protective gear and equipment that workers in the past did not, thanks to modern improvements and a better understanding of the risks that come with construction. There are now many workplace safety laws that specify what safety equipment should be used, when it should be used, and how it should be provided, stored, and maintained by employers, general contractors, or even owners. These laws are enforced by the Occupational Safety and Health Administration (OSHA) and the State of New York.
Unfortunately, even the most cautious workers who wear the appropriate safety gear and take the necessary precautions to ensure their protection can sustain injuries in construction accidents, especially when the safety equipment that is supposed to protect them is flawed, defective, poorly maintained, or simply the wrong equipment for the job.
Many employers prioritize time and money savings over their employees' safety. Construction workers' health and life are at risk when equipment needs maintenance and safety precautions are disregarded.
We have dedicated our careers at Brandon J. Broderick in New York City to defending the rights of accident victims. Manufacturers and employers are liable for any damage they cause via negligence and our mission is to hold them accountable so that our clients can receive the compensation and help that they are entitled to.
Commonly Used Construction Safety Equipment
There are numerous provisions pertaining to Personal Protective Equipment (PPE), safety equipment, and other workplace safety standards in OSHA, the New York State Industrial Code, and the New York Labor Law. All types of employees and construction projects use these vital safeguards to protect workers from potential harm from toxic or dangerous materials, sharp objects, electrocution, and falling objects. Some examples include:
- Fall arrest equipment systems
- Systems for safety guardrails
- Safety nets for workers who perform height-related tasks
- Protection for the head, face, feet, and hands
- Eye and hearing protection
- Shoring/trench boxes for trenches
- Equipment to prevent building collapse
- Safety glass on machinery or commercial vehicles
- Bladed machinery safety guards
- Safety equipment such as vests and warning devices
- Equipment for preventing fires and explosions caused by hazardous materials
Product liability and defective construction equipment
Workers who depend on these kinds of safeguards for their safety may sustain severe injuries or even die if the equipment is flawed, malfunctioning, or unable to function as intended. Our New York construction accident lawyers investigate if product faults as a result of a product manufacturer's negligence or breach of their legal duty may have caused or contributed to our clients' damages in cases involving defective safety equipment.
There are many potential causes of malfunctioning safety equipment, including:
- Manufacturing defects that occur during equipment assembly and may be brought on by shoddy workmanship, the use of low-quality materials, a lack of oversight, or other circumstances.
- Equipment with design flaws that were there from the beginning, increasing the likelihood that it would malfunction when being used by workers or failing to adequately protect them.
- Failures to warn, often known as "marketing faults," occur when producers fail to adequately inform users about any risks connected to their products.
Construction accidents involving faulty safety equipment can involve complex product liability issues and offer victims and families the chance to hold producers, distributors, and others responsible for the design or distribution of defective products accountable through civil personal injury lawsuits. Unlike workers' compensation claims, in order to win and receive compensation for their losses, including pain and suffering, medical bills, lost wages, and more, victims in personal injury lawsuits must satisfy a burden of proof regarding fault. It is very important that you contact a Brooklyn defective or unsafe equipment injury attorney at Brandon J. Broderick as soon as possible to discuss your options.
Other Concerns in Accident Cases involving Construction Equipment
Construction accident cases involving safety equipment may entail other legal issues in addition to potential claims for product liability against manufacturers who did not uphold their duty to provide safe products, such as:
- Failure to supply safety equipment - Workplace safety regulations and other laws frequently specify when employers or others with legal obligations for protecting workers (or even bystanders) need to provide and use safety equipment. If this isn't done, workers and people around may be put in danger, and injured people may be able to seek compensation through civil lawsuits in addition to workers' compensation.
- Equipment that has not been properly maintained, kept, repaired, or replaced as needed may not function as intended. When negligence leads to avoidable injuries, employers, property owners, and other parties responsible for equipment management may be held accountable.
- Negligent third parties - Construction sites can be crowded areas that are built in existing or operational locations. As a result, it follows that contractors, property owners, and other parties may be required by law to safeguard the safety of individuals nearby. If a third party's carelessness causes the use of inadequate safety equipment, the absence of safety equipment, or avoidable accidents, victims may be able to collect damages by bringing personal injury claims against that third party, as opposed to the product maker.
Talk to an Accident Attorney About Your Claim Involving Defective Construction Equipment.
We at Brandon J. Broderick are aware of the catastrophic effects that faulty safety gear can have. Workers rely on the safety equipment they use, and if it fails, they may be caught unprepared and unable to prevent an accident and significant injuries.
Our firm is adept in pursuing compensation through third-party claims in addition to workers' compensation. We can assist you in seeking reimbursement from a third party in addition to your workers' compensation benefits if someone such as a subcontractor or vendor on your site was responsible for your injuries.
Our attorneys can aid you in seeking all proper compensation if you or a loved one was hurt in a construction-related accident involving subpar safety equipment. Call (877) 740-7603 to arrange a free introductory consultation.