Product Liability in Construction Accidents

Workplace injuries aren’t uncommon on construction sites, and they happen in many different ways. One often overlooked cause of injuries at a construction site has to do with faulty products. Construction workers use tools, building materials, chemicals, safety devices, and more, all of which can lead to injuries in one way or another. Sometimes these injuries happen because of a defective product. In these situations, workers may be able to recover compensation for their construction injuries.

Understanding Product Liability in Construction

Product liability refers to the responsibility of those in the product flow (manufacturers, distributors, and retailers) for providing safe products. If a product is found to be defective, any company in the distribution chain could be held liable. When it comes to construction, a defective product might mean anything from faulty safety gear to malfunctioning machinery, all of which can lead to serious injuries.

Product defects typically fall into three categories:

• Design Defects. These are flaws in a product’s design that make it inherently dangerous. For example, if a safety harness is designed in a way that it does not properly support weight, it could put a construction worker at risk.
• Manufacturing Defects. These occur when a product’s design is safe, but errors in the manufacturing process result in a defect. An example is a hard hat with cracks or weaknesses due to poor-quality materials.
• Marketing Defects (Failure to Warn). Some products require warnings or instructions for safe use. If these are missing, inaccurate, or unclear, the product may be deemed unsafe. For example, industrial chemicals might require specific handling procedures, and failure to warn users of these can lead to severe injuries.

Identifying the type of defect is an essential step in building a product liability claim and holding the appropriate parties accountable for injuries.

Common Products Leading to Construction Site Injuries

In construction, defective products can lead to various types of injuries. Here are some commonly defective products associated with construction accidents:

• Power Tools. Workers rely on power tools such as drills, saws, and nail guns. If a power tool malfunctions or lacks safety features, it can cause cuts, lacerations, or even more severe injuries.
• Scaffolding and Ladders. If scaffolding or ladders are poorly designed or made from weak materials, they may fail and cause workers to fall, potentially leading to broken bones, spinal injuries, or head trauma.
• Heavy Machinery. Defects in large construction equipment like bulldozers, cranes, or forklifts can lead to catastrophic injuries. Mechanical issues, such as brake failure, pose severe risks to workers.
• Protective Gear. Workers rely on personal protective equipment (PPE) like helmets, gloves, and harnesses. When this equipment is defective, workers are left vulnerable to hazardous conditions.
• Chemicals and Hazardous Substances. Chemicals used on construction sites may pose risks if they are mislabeled or come without adequate safety warnings, potentially leading to respiratory issues, burns, or other injuries.

Workers’ Compensation vs. Third-Party Claims in Product Liability Cases

In most workplace injury cases, workers file a claim under workers’ compensation to cover medical expenses and lost wages. However, workers’ compensation may not always be sufficient to cover all your losses, especially in the case of severe injuries caused by defective products. When a third party, such as a product manufacturer, is responsible for the injury, you may be able to pursue a third-party personal injury claim alongside your workers’ compensation claim.

Key Differences Between Workers’ Compensation and Product Liability Claims

• Workers’ Compensation. In a workers’ compensation claim, you generally cannot sue your employer, even if they were partially responsible. Workers’ compensation typically covers medical bills, a portion of lost current or future wages, and, in some cases, disability benefits. However, workers’ comp in our state does not cover non-economic damages such as pain and suffering.
• Third-Party Product Liability Claims. A product liability claim allows you to seek compensation from the manufacturer or distributor of a defective product. This type of claim can provide compensation for additional damages, including pain and suffering, loss of quality of life, and, in some cases, punitive damages.

Combining these two types of claims can significantly increase your potential recovery and ensure you receive comprehensive compensation for your injuries.

Steps to Take if You’ve Been Injured by a Defective Product on a Construction Site

If you believe your injury was caused by a defective product, taking the right steps immediately after the accident can strengthen your claim:

1. Seek Medical Attention. Always prioritize your health. Seek medical care right away, even if the injury seems minor, as symptoms can worsen over time.
2. Preserve the Product. Keep the defective product in its post-accident condition whenever possible. This serves as critical evidence in proving a defect.
3. Report the Incident. Inform your supervisor and file an official accident report. Accurate documentation of the incident is helpful for both workers’ compensation and third-party claims.
4. Document Your Injuries. Take photos of your injuries and maintain all medical records related to the treatment. Also, document any missed work or expenses related to your recovery.
5. Consult an Attorney. Product liability claims can be complex, especially when combined with a workers’ compensation claim. An experienced lawyer can help you navigate both processes, preserving your rights and maximizing compensation.

Types of Compensation Available in Product Liability Claims

In addition to workers’ compensation benefits, a successful product liability claim can provide additional forms of compensation, such as:

• Pain and Suffering. This compensates for the physical pain and emotional distress caused by the injury.
• Loss of Enjoyment of Life. Severe injuries can diminish your quality of life and limit your ability to engage in activities you once enjoyed.
• Future Medical Expenses. In cases where ongoing treatment is required, a product liability claim can help cover the costs of future care.

Contact Paulson Coletti Trial Attorneys PC for Assistance

If you or a loved one has been injured on a construction site due to a defective product, you may be entitled to compensation beyond what workers’ compensation offers. At Paulson Coletti Trial Attorneys PC, we are committed to helping construction workers seek justice for injuries caused by defective equipment, machinery, and safety gear. Reach out to us for a free consultation by calling (503) 226-6361 or filling out our contact form.