What Is a Construction Accident Case?

Injured by defective construction equipment in Georgia or South Carolina? Our attorneys hold equipment manufacturers, distributors, and rental companies strictly liable for injuries caused by dangerous tools and machinery.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a construction accident in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Defective Construction Equipment Injury Claims

Construction workers rely on a vast array of tools and equipment — from hand tools and power tools to heavy machinery and safety systems — to perform their jobs. When this equipment is defective, the consequences can be catastrophic. Manufacturing defects, design flaws, and inadequate warnings cause tools to malfunction, safety systems to fail, and heavy equipment to behave unpredictably. Under product liability law, manufacturers and distributors of defective construction equipment can be held strictly liable for the injuries their products cause.

At Roden Law, our defective construction equipment attorneys represent injured workers across Georgia and South Carolina in product liability claims against equipment manufacturers, component part suppliers, distributors, and rental companies. These claims provide compensation beyond workers’ compensation benefits, including pain and suffering and punitive damages.

Common Defective Equipment Claims

Our attorneys handle construction equipment defect cases involving:

  • Power tool defects: Circular saws, nail guns, grinders, and drills with defective guards, triggers, or safety mechanisms
  • Heavy equipment failures: Cranes, excavators, and forklifts with hydraulic failures, braking defects, or stability issues
  • Fall protection failures: Defective harnesses, lanyards, self-retracting lifelines, and anchor points that fail during a fall
  • Scaffold component defects: Defective scaffold frames, planks, couplers, and base plates
  • Ladder defects: Structural failures, defective locking mechanisms, and inadequate non-slip feet
  • Electrical equipment: Tools and equipment with inadequate insulation or grounding defects
  • Personal protective equipment: Defective hard hats, safety glasses, gloves, and respiratory protection

Product Liability Law in Georgia & South Carolina

Georgia’s product liability statute (O.C.G.A. § 51-1-11) holds manufacturers strictly liable for injuries caused by defective products. This means injured workers do not need to prove negligence — only that the product was defective and the defect caused their injuries. South Carolina similarly applies strict liability to defective product cases. Three types of defects may support a claim:

  • Design defects: The equipment’s design makes it unreasonably dangerous even when manufactured correctly — e.g., a power tool without an adequate safety guard
  • Manufacturing defects: An error during production caused a specific unit to deviate from the intended design — e.g., a cracked weld on a scaffold frame
  • Failure to warn: The manufacturer failed to provide adequate warnings about known hazards — e.g., insufficient safety labels on hazardous equipment

Rental Company Liability

Construction equipment rental companies have a duty to inspect, maintain, and repair equipment before renting it to contractors. When rental companies rent defective equipment without proper inspection, fail to perform required maintenance, ignore known defects, or fail to provide adequate operating instructions and safety information, they may share liability for injuries caused by the equipment. Rental companies cannot shield themselves from liability by requiring contractors to sign indemnity agreements when their own negligence contributed to the injury.

Pursuing a Defective Equipment Claim

Defective construction equipment claims are pursued in addition to workers’ compensation benefits, allowing recovery of full damages. Liable parties include the equipment manufacturer, component part manufacturers, distributors and wholesale suppliers, rental companies, and retailers. Georgia allows recovery if less than 50% at fault (O.C.G.A. § 51-12-33). South Carolina allows recovery if less than 51% at fault. Preserving the defective equipment is critical — our attorneys act quickly to secure and preserve evidence before it is repaired, discarded, or returned to the rental company. Contact Roden Law for a free product liability consultation.

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What to Do After a Construction Accident

  1. Get medical attention and report the injury to your employer. Report it in writing and keep a copy. Workers' compensation notice deadlines are short and separate from anything else here.
  2. Know that serious incidents must be reported to OSHA. An employer must report a work-related fatality within 8 hours, and an in-patient hospitalization, amputation, or loss of an eye within 24 hours (29 CFR 1904.39). If that does not happen, the report can be made directly.
  3. Photograph the site before it changes. Scaffolding, ladders, guardrails, trench shoring, fall protection, and the equipment involved. Sites are corrected and rebuilt within hours of an injury.
  4. Write down every company on that site. General contractor, subcontractors, equipment owners, and delivery firms. This is the most valuable ten minutes you will spend — a claim against a company other than your employer can recover damages workers' compensation never pays.
  5. Get witness names and phone numbers, not just first names. Crews move between sites and subcontractors finish and leave. A first name and "he worked for the framing crew" is not enough to find someone later.
  6. Preserve the equipment involved. Ask in writing that the ladder, lift, saw, or harness be kept and not returned to service or to the rental company.
  7. Do not give a recorded statement to any insurer. Several carriers may contact you, and none of them work for you. Workers' compensation and a third-party claim can run in parallel — Roden Law offers free consultations.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Construction Accident Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

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If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.