Managing Partner
Construction workers rely on safety gear to protect them from injuries on the job. When that equipment fails, the results can be catastrophic. Fortunately, workers have the right to pursue a product liability claim against the makers of the defective gear.
Understanding the steps involved in filing a lawsuit requires hiring an experienced law firm. The Long Island product liability lawyers of Dell & Dean PLLC are here to serve you and fight for the monetary compensation you deserve.
The Consequences of Defective Safety Equipment
Various workplace safety rules, including OSHA regulations, govern construction work sites. Safety gear is part of the landscape, and can be found in various forms such as:
- Hard hats
- Safety glasses
- Face shields
- Safety gloves
- Fall protection equipment
- High-visibility clothing
- Ear protection
- Respiratory protection
- Steel-toed boots
- Safety barricades and guards
When these items fail, the consequences can be severe for Long Island workers. A defective safety harness can mean a fall from a tremendous height that leaves a worker with a traumatic brain injury (TBI). Safety goggles that don’t work can cause temporary or permanent blindness.
Defective safety gear can mean more than physical injury and the medical bills that go with it. It could also mean the end of a once-promising career and total disability. Pain and suffering and loss of enjoyment of life are all but guaranteed.
Why Safety Gear is Defective
Safety equipment can be defective for one of several reasons, including:
- Design defect: This means that the design of the safety gear was inherently defective. Regardless of how well the gear was assembled, it would never have provided the safety that the worker needed.
- Manufacturing defect: Conversely, a product can be correctly designed but poorly assembled or manufactured. The components or parts may have been broken, inadequate, or otherwise not suited for the task.
- Insufficient instructions and warnings: If the instructions or warnings on the safety equipment are missing important details, or they are incorrect or confusing, it will be harder for the worker to correctly use the equipment and avoid an injury.
The Steps You Should Take If You Are Injured
If you were hurt because of defective safety equipment on a Long Island construction site, you may be able to file a product liability claim. But the steps you take next could affect your health and legal rights. We suggest doing the following:
- Seek medical attention: Get medical attention immediately, no matter how minor you think your injuries are. Follow your doctor’s advice at all times.
- Pursue a workers’ comp claim: Separate from your product liability claim, you may be able to file for workers’ compensation with your employer. Don’t miss any deadlines in doing so.
- Report the accident: Report the accident in writing to your supervisor or other responsible person, documenting and keeping copies of everything.
- Take pictures and record videos: Document the problem with the defective safety gear by taking pictures and recording videos. Include as much detail as possible.
- Preserve the equipment: If the gear in question is under your control, take steps to preserve it. Store it somewhere safe, make sure nobody else can access it, and don’t tamper with it.
- Get eyewitness information: It is likely that someone witnessed the accident and the failure of the safety equipment, so get the names and contact information of any eyewitnesses.
- Identify all relevant parties: These may include the product manufacturer, retailer, anyone responsible for maintenance of the equipment, and others. All of these and other parties could share liability for the defective safety gear.
- Contact a Long Island personal injury attorney: Your lawyer can help with the above steps and in seeking compensation from the parties who were responsible for the defect.
Here to Help Victims of Product Liability
When defective safety gear causes an accident, you need serious legal counsel to help assert your rights to compensation. That’s where Dell & Dean PLLC comes in. Contact us today to get started on your product liability claim.
