Last updated on October 31st, 2025 at 12:20 pm
Construction sites are filled with heavy machinery, power tools, and industrial equipment designed to make tough jobs easier and more efficient. However, when that equipment is defective or unsafe, it can result in catastrophic injuries.
Many workers assume that if they’re injured on the job, their only option is filing a workers’ compensation claim, which generally prevents them from suing their employer. What they don’t realize is that if their injury was caused by defective machinery, they may have the right to sue the manufacturer or other liable parties under product liability law.
If you or a loved one has been injured by unsafe construction equipment, you may be entitled to compensation beyond workers’ compensation. Here’s what you need to know about product liability law, manufacturer responsibility, and your legal options.
How Dangerous is Defective Industrial Equipment?
When construction equipment is defective, the risks are severe. A single malfunction can cause:
- Crushing injuries from faulty hydraulic lifts or collapsing scaffolding
- Severe lacerations or amputations from defective saws or cutting tools
- Electrocution from poorly designed power tools or exposed wiring
- Burns or explosions due to malfunctioning welding equipment or gas leaks
- Falls caused by defective ladders, harnesses, or safety gear
These injuries can be life-changing, leading to permanent disabilities, lost income, and mounting medical bills. If a defective product caused the accident, the manufacturer, designer, or distributor of that equipment may be held liable under product liability law.
What is Product Liability Law?
Product liability law holds manufacturers, designers, and distributors responsible for putting unsafe products into the marketplace. This includes industrial and construction equipment used in workplaces.
Three primary types of product defects can lead to a lawsuit:
- Design Defects: The equipment was poorly designed from the start, making it unsafe even when used properly. For example, a saw lacks a proper safety guard, increasing the risk of serious cuts or amputations.
- Manufacturing Defects: The product was designed correctly, but was assembled or produced with defects. For example, a forklift with faulty brakes due to an error in the manufacturing process.
- Failure to Warn (Marketing Defects): The manufacturer did not provide adequate warnings, instructions, or safety guidelines. For example, a power tool missing proper warning labels about kickback dangers.
When defective equipment injures a worker, the manufacturer, not the employer, can be held accountable in a lawsuit.
Can You Sue If You Were Injured at Work?
Many workers mistakenly believe they cannot sue after a workplace injury because of workers’ compensation laws. While it’s true that workers’ compensation generally prevents lawsuits against employers, it does not prevent lawsuits against third parties, including manufacturers of defective machinery.
If a piece of equipment was unsafe, improperly designed, or lacked necessary warnings, you can file a product liability lawsuit against the manufacturer to seek full compensation for your injuries.
Unlike workers’ compensation, a product liability claim allows you to seek damages for pain and suffering, emotional distress, and full lost wages, not just a portion.
What Should You Do If Defective Construction Equipment Injured You?
If you believe your injury was caused by a defective tool or machine, take these steps to protect your rights:
- Preserve the equipment. Do not allow the machine or tool to be discarded or repaired. It is critical evidence in your case.
- Document everything. Take photos of the equipment, your injuries, and the accident scene.
- Get medical attention. Seek treatment immediately and keep records of your diagnosis, treatments, and medical expenses.
- Report the incident. Notify your employer about the accident, but do not assume workers’ compensation is your only option.
- Speak to a lawyer. Product liability cases require extensive investigation and expert analysis. An experienced attorney can help determine if you have a valid claim.
Why Choose Garmey Law for Your Product Liability Case
At Garmey Law, we specialize in representing workers who have been injured by defective machinery. We understand that you have rights beyond workers’ compensation, and can help you hold negligent manufacturers accountable.
If you or a loved one was injured by unsafe construction equipment, do not settle for workers’ compensation alone – contact Garmey Law for a free consultation, or call us at (207) 899-4644.