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.