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3 times outside companies may be liable for machinery failures

On Behalf of | May 21, 2024 | Personal Injury

Those working in construction or similar professions often rely on power tools, heavy machinery and other equipment to perform their jobs. Those resources can reduce the amount of labor required from individual employees, decreasing the wear on people’s bodies caused by their employment.

Unfortunately, sometimes those tools fail, leading to preventable worker injuries. A tool, machine or piece of heavy equipment that fails on a job site could injure multiple workers. While those employees may have the option of filing workers’ compensation claims, they could also potentially be able to take legal action against an outside business, rather than their employers. The following are some of the scenarios that might lead to an outside company having liability for the injury of a construction worker or similar professional due to a machinery or tool malfunction.

The sale of defective products

Sometimes, injured workers can pursue third-party claims against either manufacturers or retailers. Releasing unsafe products to the public generates liability for a business. Those affected by poorly-designed or improperly-manufactured equipment could sustain severe injuries. They could potentially hold a manufacturer accountable for releasing a dangerous product or a retailer for selling it, especially if the sale transpired during a recall.

Improper repairs or maintenance

Many construction companies and professionals rely on service providers to maintain and repair machinery, such as heavy equipment and power tools. If an item came back from repair or maintenance efforts with serious issues that then caused injuries on the job, that could lead to claims of professional negligence against the repair shop or maintenance professional involved in servicing the item that failed on the work site.

Renting poorly-maintained equipment

Many construction professionals and firms do not purchase every tool and piece of heavy machinery that they need for projects. Instead, they rent those items from another organization. If a rental company fails to properly maintain or repair equipment, then customers who use that service could end up seriously injured as a result. Scenario involving rental equipment could lead to liability for the organization that actually owns the equipment that fails.

Pursuing a third-party claim in addition to or instead of a worker’s compensation claim can be a smart move for someone injured on a job site. Workers who pursue every possible option can more effectively mitigate the losses they incur due to dangerous equipment.