Bronx Defective Construction Equipment Lawyers

Hurt by Faulty Construction Equipment in New York?

Have you suffered construction site injuries in the Bronx or elsewhere in New York because of faulty equipment? Are the costs of medical bills and lost work beginning to worry you? Do you need aggressive and successful legal counsel to fight for your rights?

There is no time to wait. Contact our Bronx personal injury attorneys now. The sooner you get one of our attorneys on the case, the more we can do to get you the best judgment or settlement to compensate you for your injuries and get you back on your feet.

Contact Our Bronx Law Firm Now

In New York, General Contractors Are Responsible for Your Safety

New York Labor Law 241 imposes liability on general contractors for faulty equipment that causes injuries. The New York Industrial Code enumerates the standards for what equipment should be provided for workers on a construction site.

This Includes:

• Personal protective equipment
• Hand tools
• Safety belts and harnesses

Call (718) 514-7886 today to schedule a free phone consultation with our Bronx defective construction equipment attorneys.

Common Types of Defective Construction Equipment

Defective construction equipment can cause serious injuries and accidents on construction sites. Understanding the most common types of equipment failures can help workers stay alert to potential hazards.

• Defective Heavy Machinery
  • Heavy machinery like cranes, excavators, bulldozers, and forklifts are essential to construction work, but if they malfunction, the results can be catastrophic. Common issues include:
  • Mechanical failure: Broken parts, malfunctioning brakes, or hydraulic system failures.
  • Operator error due to faulty controls: Poorly designed or malfunctioning control systems can make machines difficult to operate.
• Poor maintenance: Lack of proper servicing can lead to machinery breaking down unexpectedly.
  • Power Tools
  • Power tools such as drills, saws, and hammers are frequently used on construction sites. Defective power tools can lead to:
  • Broken safety mechanisms: Malfunctioning safety features can result in serious injuries, such as cuts or electric shocks.
  • Faulty wiring: Exposed or defective wiring in power tools can cause electrical hazards.
  • Improper tool design: Tools that are difficult to handle or use can lead to strain injuries or accidents.
• Scaffolding Issues
  • Scaffolding is essential for construction work that requires height, but defective scaffolding can cause:
  • Collapse or instability: Poorly assembled scaffolding or weak materials can collapse, causing falls.
  • Improper installation: Scaffolding that is not set up correctly can lead to serious accidents.
• Forklifts and Lifts
• Forklifts and material handling equipment can cause injuries if defective:
  • Tilt or overturn: Faulty lifts can tip over, especially when carrying heavy loads.
  • Broken safety features: Lack of proper guards, alarms, or operator training can lead to accidents.
  • Load instability: Defective load handling equipment can cause loads to fall, injuring workers.

Who is Responsible for Defective Equipment on Construction Sites?

• Manufacturer Responsibility
  If equipment is defective due to poor design or construction, the manufacturer can be held liable. For example:
• Design defects: If the equipment was designed in a way that makes it dangerous. This could include a slip and fall hazard, such as improper surfaces or missing safety features that increase the likelihood of an accident.
• Manufacturing defects: If equipment was poorly made or assembled incorrectly. This can lead to malfunctions that cause injuries, including slip & fall accidents due to equipment failure or improper operation.
• In both cases, the manufacturer may be responsible for the harm caused by the defective equipment, including any slip and fall injuries resulting from their negligence in design or production.
• Contractor and Subcontractor Liability
  • Contractors and subcontractors are responsible for ensuring equipment is safe. They can be held liable if they:
  • Provide faulty or poorly maintained equipment.
  • Fail to follow safety protocols or provide the necessary training for workers to use equipment safely.
• Third-Party Liability
  • In some cases, a third-party such as a maintenance company could be responsible for equipment failure if they:
  • Did not properly maintain or repair the equipment.
  • Failed to inspect or test the equipment before use, leading to accidents.

Steps to Take After Being Injured by Faulty Construction Equipment

If you are injured due to defective equipment, it's crucial to take specific steps to protect your rights.

• Immediate Actions on Site
  • Report the injury to your supervisor immediately.
  • Seek medical treatment right away, even if you feel the injury is minor.
  • Document the incident by taking notes, pictures, and gathering witness information.
• Contacting a Lawyer Early
  • Consulting a lawyer early ensures that your legal rights are protected and helps build a strong case.
  • Legal guidance will help you navigate workers' compensation and personal injury claims.
• Preserving Evidence
  • Gather evidence such as photos of the equipment, accident scene, and any maintenance logs.
  • Keep records of medical treatments, witness statements, and incident reports to support your case.

Types of Compensation You Can Recover

If you are injured due to defective equipment, you may be entitled to various forms of compensation, including:

• Medical Expenses
  • Hospital bills, surgeries, rehabilitation, and therapy: Medical costs associated with your injury.
• Lost Wages
  • Compensation for time missed from work and lost income while you recover from the injury.
• Pain and Suffering
  • Physical pain and emotional trauma caused by the injury can be compensated.
• Punitive Damages
  • In cases of gross negligence (e.g., a contractor ignoring safety regulations), punitive damages may be awarded to punish the wrongdoer and deter future misconduct.

By understanding these steps and types of compensation, you can better protect yourself after being injured by defective construction equipment.

Frequently Asked Questions (FAQ) about Defective Construction Equipment Injuries

• What should I do if I am injured by defective construction equipment?
  • First, report the injury to your supervisor immediately and seek medical attention.
  • Next, take photos of the equipment involved, document the scene, and gather witness statements.
  • Lastly, contact an attorney experienced in defective equipment cases to guide you through the legal process and ensure your rights are protected.
• How can I prove that the equipment was defective?
  • Evidence like photos of the faulty equipment, maintenance logs, and witness statements can support your claim.
  • An expert investigation may also be needed to determine if the equipment was defective due to poor design, manufacturing, or maintenance.
• Who can be held liable for my injury from defective equipment?
  • Manufacturers of the equipment could be held liable for defects in design or manufacturing.
  • Contractors or subcontractors may be liable if they provided defective or poorly maintained equipment.
  • Third-party maintenance companies could also be responsible if they failed to repair or inspect the equipment properly.
• Can I file a lawsuit if I’m an undocumented worker?
  Yes, being undocumented does not prevent you from filing a lawsuit for injuries caused by defective construction equipment. You have the right to pursue compensation, and our attorneys can assist in any language needed.
• How long do I have to file a claim after an injury from defective equipment?
  Statute of limitations for filing personal injury claims varies, but typically you have three years in New York from the date of the injury. It is essential to file promptly to protect your right to compensation.
• What types of compensation can I receive for my injuries?
  Compensation may cover medical expenses, lost wages, pain and suffering, and in some cases, punitive damages if negligence was involved.
• Do I need a lawyer to file a claim for a defective equipment injury?
• While it's not required, having an experienced lawyer can help ensure you receive the compensation you deserve. A lawyer can assist with gathering evidence, filing paperwork, and negotiating with insurance companies or the responsible parties.

These questions address common concerns, but every case is unique. If you have further inquiries, it's best to speak directly with an attorney to explore your options.

Undocumented Aliens Can Recover Financial Damages

Often undocumented aliens in the United States are reluctant to file lawsuits for faulty construction equipment accidents, either because they think they won't be allowed to file a lawsuit or because they think they will not find a lawyer who can converse with them in their own language.

It is important to know that your status as an undocumented alien will not stop you from recovering the money you deserve after a construction site injury, and our Bronx personal injury lawyers can speak Spanish, Russian and Vietnamese.

Contact Our Lawyers If You Have Been Injured by Construction Equipment

If you hire our personal injury attorney, you will not pay anything upfront. Also, we work on a contingency fee basis, so you will not pay us any fees unless we get a settlement or win a verdict for you.