Sometimes injuries at construction sites could be caused by pieces of equipment and their defective or poor condition rather than the improper usage of that equipment.
In such a case, workers may be able to file a product liability lawsuit rather than a workers’ compensation claim or a personal injury lawsuit against the company or property owner. The defendant in such a lawsuit could be anyone involved in the design, manufacturing or supplying of the tool.
These entities might not have any role at the construction site itself, but their negligence could still have played a role in the equipment’s malfunctioning and the injury you suffered while on the job.
To be successful in such a claim, you must be able to prove the following:
- The specific tool or equipment that caused your injury was inherently and unreasonably dangerous when it left the manufacturer or supplier
- You were using the tool or equipment according to instructions, exactly as intended
- The tool or equipment you were using had a dangerous defect that directly caused your injury
It can be difficult to prove liability in product liability cases, so it is critical you work with an attorney and seek representation as soon as you suffer your injury so you can begin the process of gathering evidence and formulating arguments.
If you or a loved one have been injured in an accident caused by a dangerous or defective product, contact a skilled Sarasota, Florida personal injury attorney at Goldman, Babboni, Fernandez & Walsh for legal representation in your case.