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Construction Injuries

Specific types of construction workplace accidents and injuries involving tools, building materials, running machinery or similar items that cause the serious injury or harm of a construction worker on the job can potentially be products liability claims if the product the worker was using was defective.

Responsible Parties

There are multiple parties along the distribution chain of a piece of construction equipment that may be held responsible for the damages in a construction product liability suit. The product’s designer, manufacturer and seller may all be liable and named as defendants in a construction product liability case, depending on the specific circumstances surrounding the accident.

Construction Product Liability Claims

There are a number of possible products liability claims along the chain of commerce in a products liability claim: design defects, manufacturing errors and marketing issues. There are several possible types of claims in a construction product liability suit:

Design Defect

An employee can levy a claim that the product was designed poorly or improperly, leading to the danger and the worker’s injury. For instance, if a product with a rapid, spinning fan did not adequately protect users from accidentally inserting a hand, the manufacturer could be held liable to a defective design claim.

Manufacturing Error

An injured worker can also claim that the product was improperly manufactured. Manufacturing Defects of the manufacturing variety tend to be the easiest to prove in litigation because the plaintiff only must prove that the product does not live up to the designer’s or manufacturer’s specifications. Often the worker may only need to use those standards to prove the defect.

Marketing Problems

Marketing defects include failure to adequately warn users of the product’s dangers, labeling a product improperly, providing insufficient instructions or misrepresenting the product. In some cases, the defendant may be liable if the product’s instructions do not provide sufficient information for a worker to properly use the product.

Product Alterations

There are a number of possible products liability claims along the chain of commerce in a products liability claim: design defects, manufacturing errors and marketing issues. There are several possible types of claims in a construction product liability suit:

Protect your rights:

If you or a loved one has been injured by a product or piece of faulty equipment while on the job at a construction site, you may have a solid construction products liability lawsuit. Because these areas of law can be so nuanced and complex, we urge you to call our workplace injury attorneys at The Law Offices of Garcia and Ochoa to set up a free consultation, so that we can sit down with you and discuss the particulars of your individual case, and help you determine the next, best step for you and your family.

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