Can Defective Tools Turn a Construction Site Injury Case Into a Product Liability Claim?
The defective tool lawyers at Mandell, Boisclair & Mandell know that construction is among the most hazardous industries in Rhode Island and throughout the nation. According to the Bureau of Labor Statistics (BLS), 173,200 nonfatal injuries occurred on construction sites in 2023, the latest year for which statistics are available. This number is consistent with years past, where hundreds of thousands of construction workers have experienced serious injury on the job.
The Center for Construction Research and Training reports that the top primary source for causing construction accidents was tools, instruments, and equipment. Of course, not all of these accidents are the result of defects, but when they are, what’s the best way to move forward? Can you file a defective product lawsuit for injuries sustained on the job? That depends on the circumstances.
Most tool-related incidents are about proper use, training, and conditions on the site. Sometimes, however, the tool itself is the problem. If a grinder explodes because of a hidden design flaw, a nail gun double-fires due to a manufacturing defect, or a saw sold without adequate warning causes harm, you may be entitled to file a product liability claim against the manufacturer or seller of the tool. Establishing this right requires proving that problems with the tool, not an outside factor, were the primary source of injury.
Talk to a Defective Tool Lawyer for FREE
If you were injured on a construction site and you’re wondering how best to move forward with your claim, call Mandell, Boisclair & Mandell at 401-273-8330 to schedule a FREE case review today. Our experienced attorneys can investigate the root cause of your construction injury to help you determine what type of action will be right for your situation. Located in Providence, we serve victims of defective tools living throughout Rhode Island.
How Defective Tools Cause Injury
There are three ways a tool can be considered defective:
- Design defects. This occurs when a tool is unreasonably dangerous by design, even when used correctly. Examples include:
- A circular saw with an inadequate blade guard that allows for hand intrusion.
- A table saw lacking practical flesh-sensing technology despite a feasible alternative design.
- A ladder with a rung spacing or locking system that fails to meet stability expectations.
- Manufacturing defects. This occurs when the tool’s design is acceptable, but the unit that caused the injury failed to meet quality specifications. Examples include:
- A batch of angle grinders with brittle disks.
- An impact driver with a misassembled trigger.
- A jigsaw with an incorrectly attached safety switch.
- Failure to warn. Even a well-designed and properly assembled tool can be dangerous when the seller fails to warn about known or reasonably knowable dangers. Examples include:
- Misleading marketing.
- Missing or inadequate instructions.
- Lack of warning labels.
No matter the source of the defect, the outcome is often the same. When tools or their guards, switches, or instructions do not perform as an ordinary worker would reasonably expect, the injuries can be catastrophic. Lacerations and amputations, eye injuries, fractures from falls, crush injuries, electrical burns, traumatic brain injuries, spinal cord and back injuries, and even death are all possible when a tool is defective.
While any tool or device on a construction site has the potential to be dangerous, faulty design, poor manufacturing, or failure to warn of dangers is most common among:
- Power hand tools like nailers, grinders, saws, and drills.
- Non-powered hand tools, including hammers, utility knives, and chisels.
- Ladders and scaffolding accessories, such as locking pawls, rung failure, and mislabeled duty ratings.
- Electrical equipment and cords with inadequate insulation or improper labeling.
Because there are so many ways to sustain a construction site injury, proving that yours was caused by a defective tool can be incredibly challenging. Having a defective tool lawyer look into your accident can help to ensure that product deficiencies are identified and the parties responsible for your injury can be held accountable.
Proving a Defective Tool Caused an Injury
Determining if a defective tool caused an injury requires a thorough investigation into the incident, including a careful analysis of the tool itself. In some cases, forensic engineering analysis may be necessary to fully understand the role a tool played in producing an injury.
Defective tool cases often hinge on the mechanism of the injury. Was it a double-fire? A guard bypass? Switch failure? A lock that failed to engage? Your defective tool lawyer may choose to work with biomechanical, metallurgical, and other experts to answer these questions, helping to build a case that clearly shows where the problem occurred and how it resulted in injury.
To determine if it was design, manufacturing, or warning that caused the injury, a defective tool lawyer will:
- Hold the design up for industry standard reviews.
- Review spec deviations, process controls, and quality records.
- Analyze incident histories, recalls, and technical bulletins.
OSHA and BLS incident data may need to be drawn on, as might information from the Consumer Product Safety Commission’s National Electronic Injury Surveillance System. One of the main roles of your lawyer in the beginning stages of your claim will be to consider and investigate all possible causes to ensure the right people and/or corporations are held accountable for your injuries.
Can You File a Workers’ Compensation Claim and a Product Liability Lawsuit for the Same Injury?
In Rhode Island, you can file a workers’ compensation claim with your employer’s insurance and a lawsuit against a third-party manufacturer or distributor. Filing a workers’ comp claim will not interfere with your right to file a personal injury lawsuit against a third party, nor will filing a lawsuit impact your workers’ comp claim. This is often preferable. Workers’ compensation sets in quickly to address immediate concerns, like lost wages and medical expenses. It can be a relief to have these things taken care of while you pursue more significant compensation through a personal injury lawsuit.
Workers’ comp offers partial wage reimbursement and full coverage of medical expenses. It does not cover pain and suffering, and, typically, when you file a claim, you are barred from taking legal action against your employer. You are not, however, barred from seeking compensation from a third party.
A product liability claim against a third party can bolster workers’ comp benefits by addressing issues like pain and suffering, forced changes to lifestyle, and other issues not covered by your employer’s no-fault insurance plan. You can also seek full economic damages through legal action, including the portion of your wages not covered by workers’ comp and diminished earning capacity due to your injury.
Why Choose Mandell, Boisclair & Mandell?
Known as one of the Best Law Firms in America, Mandell, Boisclair & Mandell has a reputation for successfully handling complex litigation. In our nearly 50 years of service, we have helped recover millions in settlements and verdicts for our clients, some of which have even influenced public policy.
Proven trial attorneys, we prepare every case for the possibility of courtroom litigation, and we don’t back down, even when our opponents are powerful corporations. We believe that victims of serious injury deserve real justice. We are here to investigate your claim, identify the responsible parties, and help you secure the fair and full compensation you are due.
Schedule a FREE Case Review With a Defective Tool Lawyer Today
If you have been hurt by a tool on a construction site, use our online contact form or call our Providence office to schedule a FREE and confidential consultation today. Our defective tool lawyers will evaluate whether your construction injury case should also be a product liability claim to help you determine the best way to seek the compensation you deserve.
