Recovering Compensation for Defective Machinery on a Construction Site
Dealing with heavy machinery and equipment is a daily occurrence for Florida construction workers. Some of these machines, such as cranes or forklifts, are extremely dangerous even when properly maintained and produced. But when workers use defective machinery on construction sites, they can lose limbs, the ability to walk, and sometimes even their lives.
If you were injured after using defective machinery on a construction site, you may be legally entitled to compensation. To learn more about your legal options, you should speak with a Fort Lauderdale construction site accident attorney from Coffey McPharlin: 954-541-3194.
What classifies a piece of equipment as defective?
If a piece of equipment or machinery malfunctions or acts in an unexpected and unsafe way, it could be defective. The most common causes of defective machinery include mistakes in the tool’s building process or broken components. Examples of defective equipment include:
- The safety functions of power tools, such as the ones that prevent nail guns from firing at the wrong time, not working.
- Pieces of heavy machinery, such as a forklift, starting and stopping suddenly, without warning.
- A large piece of machinery or equipment, such as a crane or scaffolding, collapsing while in use.
- The brakes on a backhoe stop working, preventing the driver from avoiding a collision.
Who is at fault for my workplace accident?
If you are injured because a piece of equipment or machinery on your construction site was defective, you deserve compensation.
Of course, you can always file a workers’ compensation claim since you were injured on the job. However, do not let your employer convince you that this is your only legal recourse. The person or company that is responsible for the defective equipment is also responsible for your accident.
In addition to a workers’ compensation claim, you may be able to file a personal injury claim directly with the manufacturer of the equipment, or other third-parties like contractors and sub-contractors. Determining who is at fault for your accident will depend on the facts of your case and who had full or partial control over the equipment.
For example, if you were injured in a scaffolding collapse, another general contractor might be responsible because s/he was in charge of inspecting the scaffolding prior to use, but a sub-contractor who erected the scaffolding could also be responsible because they originally put it together in an unsafe way.
A manufacturer can be liable for any accidents or injuries that occur due to an unsafe design or mistake in production.
We can help you determine which parties are ultimately responsible for your accident.
What do I need to prove in order to recover compensation?
In order to receive compensation from the manufacturer for your injuries, you must prove that the piece of machinery in question is defective and that it directly caused you injuries.
If you are filing against a contractor or sub-contractor, you must be able to prove that the defendant was negligent in maintaining the equipment that caused your injury.
The attorneys of Coffey McPharlin can help you establish this proof by examining the machine, completing an accident reconstruction, by interviewing eyewitnesses to the accident and experts in the field, and by speaking with the medical professionals that attended you after your injury.
To find out more about how to recover full and fair compensation after a construction site accident, contact the accident attorneys of Coffey McPharlin at 954-541-3194.
