Defective tools or equipment
Construction sites are known to be dangerous places. Among the dangers you may encounter are defective tools or equipment. Tools and equipment often used at construction sites include concrete mixers, hammers, power tools, cranes, backhoes, excavators, generators, scaffolding, hand tools, chainsaw, jackhammer, ladders, circular saws, dragline excavators, and more Whether you were injured by a pneumatic tool with design flaws or a generator with manufacturing flaws, you should call the experienced Chicago defective tool lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We represent clients in third party construction accident lawsuits, workers’ compensation claims, and SSDI claims, and in each of our clients’ cases, determine the best strategy to obtain the greatest relief.Recovering Damages for Defective Tool Injuries at a Construction Site
Defective tools or equipment can cause serious injuries. You may be able to recover damages for the injuries you suffered if a third party (not your employer) was at fault for them and our lawyers are able to establish the third party’s negligence. We’d need to show: (1) you were owed a duty of care by the defendant, (2) breach of the duty of care, (3) causation, and (4) actual damages.
In some cases, a third party may have culpability for providing you with a defective tool or using a defective tool such that you were injured at a construction site. For example, if a subcontractor for whom you don’t work lends you a defective power drill because it has negligently failed to check whether a drill owned for ten years is still working properly and undamaged, that subcontractor may have liability for your injuries. However, sometimes tools and equipment are defective such that the manufacturer should be held responsible in a product liability lawsuit.
A product liability lawsuit would involve allegations that an item caused harm because of a defect in its design, a mistake during the manufacturing process, or improper warnings about risks. When a tool or equipment at a construction site is unreasonably dangerous or has a defect that results in injuries, the injured victim may be able to pursue damages by bringing a product liability lawsuit.
When filing a product liability lawsuit, our attorneys will need to establish that there was a manufacturing, design, or marketing defect in the tool or equipment that caused your injuries. Each state has its own rules about what theories of liability are appropriate to assert. Under Illinois law, victims of injuries caused by faulty products typically pursue damages under a strict liability theory. Accordingly, our lawyers will need to prove: (1) the product design, manufacture, or labeling of the tool or equipment was flawed such that the product was unreasonably dangerous, (2) the defect or flaw in the product existed at the time the product left the manufacturer or other defendant’s control, and (3) the defect or flaw caused your injuries.
We may be able to establish liability, for example if you were injured because:
- A crane at the construction accident had missing or malfunctioning components.
- The mechanism that prevents nails from shooting out from a nail gun failed such that you suffered punctures and severe wounds.
- The manufacturing of the scaffolding you used at the construction site involved mistakes in the strength of the metal materials used to provide an elevated surface such that the scaffold collapsed and caused you to sustain serious injuries in the fall.
In some cases, it’s not possible to establish liability. It may be appropriate to file a workers’ compensation claim alongside a third party lawsuit. This is your exclusive remedy with regard to your employer. Unlike a third party lawsuit, a workers’ compensation claim does not require you to prove fault. The no-fault benefits cover a portion of your economic benefits and are awarded if our attorneys can show you were injured on the job. Only in a third party lawsuit can we seek damages for the full economic and noneconomic losses you suffered.Consult a Chicago Lawyer About Injuries from Defective Tools
If you were injured by a defective tool at a construction site, you should seek knowledgeable legal representation. Call the trusted Chicago defective tools attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca to handle your personal injury lawsuit, workers’ compensation claim, or SSDI claim arising out of the accident. Call us at 312-263-6330 or 800-444-1525 or complete this online form.