Los Angeles Defective Construction Equipment Attorney

Construction is one of the most dangerous industries. But when construction workers are injured, many accidentally settle for less compensation than they are owed. This is because employees cannot sue their employers, a law that leads many workers (across all industries) to believe a workers’ compensation claim is their only option.

There are other options, however. Many injured construction workers have the right to file a third-party civil lawsuit to hold parties, besides their employer, accountable for negligence. Our Los Angeles defective construction equipment attorneys will investigate your case and identify the negligent party.

Third-party negligence may include but is not limited to:

Several parties can potentially be held liable for defective construction equipment injuries, depending on the circumstances of the case.

The following are common parties that might be held responsible:

• Manufacturer: The manufacturer of the construction equipment may be held liable if the defect occurred during the design, manufacturing, or assembly process. This includes defects in the equipment's design or flaws that arise during production.
• Distributor or Retailer: If the construction equipment passes through distributors or retailers before reaching the end user, they may be held liable for injuries caused by defects. This is particularly true if they knew or should have known about the defect but failed to take appropriate action.
• Supplier of Component Parts: In cases where the defective equipment includes component parts, the supplier of those parts may be held liable if the defect in the components contributes to the overall defect in the equipment.
• Assembler or Installer: If the equipment was assembled or installed improperly, leading to a defect, the party responsible for assembly or installation may be held liable for resulting injuries.
• Rental Companies: Companies that rent out construction equipment may be held liable if they provide equipment that is known to be defective or if they fail to properly maintain and inspect the equipment.
• Maintenance and Repair Companies: If a maintenance or repair company is responsible for inspecting, maintaining, or repairing the construction equipment, they may be held liable if their negligence contributes to a defect that causes injuries.
• Design Professionals: In cases where the defect is related to the design of the construction project rather than the equipment itself, architects or engineers involved in the project's design may be held liable.
• Government Entities: If the construction equipment is owned or used by a government entity, such as in public construction projects, the government may be held liable for defects under certain circumstances.

Proving Liability for Defective Construction Equipment

To succeed in a defective construction equipment injury case, the injured party (plaintiff) typically needs to establish certain key elements. The plaintiff must prove the following:

1. Defective Product: The plaintiff must demonstrate that the construction equipment involved was defective. Defects can be categorized into three types: design defects, manufacturing defects, or marketing defects (failure to provide adequate warnings or instructions).
2. Reasonable Use: The plaintiff must demonstrate that they were using the construction equipment in a reasonable and foreseeable manner at the time of the incident. If the equipment was misused or used in a way that was not reasonably anticipated, it could impact the case.
3. Causation: The plaintiff must establish a causal link between the defect in the construction equipment and the injuries suffered. This involves demonstrating that the defect was a substantial factor in causing the injuries.
4. Injury or Damages: The plaintiff needs to prove that they suffered actual harm or damages as a result of the defect. This can include physical injuries, medical expenses, lost wages, pain and suffering, or other measurable losses.

Successfully proving these elements often requires gathering evidence, expert testimony, and legal arguments. Individuals pursuing such cases must consult with an experienced personal injury attorney who can guide them through the legal process and build a strong case.