Construction workers often put themselves in serious danger of suffering catastrophic injuries while working to improve New York’s roads, utilities, buildings, and infrastructures. The least they can ask for is the maximum amount of safety while on the job and to have access to reliable equipment that will allow them to perform their work efficiently and diligently. However, that is sadly not the case as many workers can suffer traumatic injuries because of a defective power tool.
Nail guns, saws, drills, blowtorches, and other power tools are extremely dangerous when improperly handled or designed. If you suffered an injury because of a defective power tool, then you should not hesitate to hold the at-fault party liable in a product liability claim. But to ensure you receive the best legal aid available, you will need to contact the New York defective power tool attorneys at Wingate, Russotti, Shapiro & Halperin, LLP, by calling us at (212) 986-7353 to schedule a free consultation.
Manufacturers have a duty to design equipment that is free of dangerous defects, otherwise, they can seriously injure anyone who comes in contact with the device. In addition, rental companies and retailers should always ensure that their products have not fallen into disrepair while in storage so that customers are not inadvertently injured.
For construction workers, there is a wide range of equipment that can cause on-the-job injuries, including:
- Nail guns
- Spray guns
- Power washers
- Extension cables
These products can be defective for a variety of reasons, including lacking safety guards or faulty electrical components that lead to electric shocks or even fatal electrocutions. But electrical injuries are not the only injuries workers have to worry about.
Even when they are properly manufactured, power tools are dangerous pieces of equipment that are often used for the demolition of a building. They can use a large amount of power, meaning hundreds of volts of electricity pass through them when in use, and can cause devastating injuries to users.
Construction workers who are injured by defective power tools often suffer:
- Electrical shocks
- Deep lacerations and amputations
- Internal trauma from puncture wounds
- Open-head trauma
- Spinal cord injuries as a result of a laceration or blunt force trauma
- Nerve damage and paralysis
- Broken bones
In many cases, the defective power tool was part of a chain of events that led to another accident, such as a falling object or serious fall that further injured the worker. While the worker could pursue damages in a workers’ compensation claim if the construction supervisor did not set up the scaffolding correctly or employ anti-fall systems, they can also file a product liability claim if it is discovered that a faulty power tool caused the fall.
Defective power tools are often the result of a manufacturing error or design flaws, which means that the company that produced the product is likely the one at fault. In this instance, if the product injured you, you could pursue a product liability claim against the manufacturer. However, other parties must also be investigated. In some cases, the defect was not the result of a manufacturing error but a mishandling on the part of a retailer or even another construction worker.
Retailers should always properly store power tools until they are ready for sale and, if a product is damaged, they should immediately pull it off the shelves. If at any point another customer damaged the product or returned it in a state of disrepair, the retailer has a duty to properly submit it for repairs before it can be sold to another worker. In addition, some companies rent equipment for short-term projects and should also make sure they are safe for use.
In some cases, the product was completely functional until it was used on a job, but another worker’s mishandling of it caused a defect. Both workers and supervisors should ensure all equipment is safe for use and, if a component or part could cause an injury, replace it instead of allowing anyone from using it. Failure to do so could not only lead to a workers’ compensation claim, but also a claim against the worker who damaged it if they are a third-party contractor.
Construction workers should be able to trust that the equipment they use is going to be free of defects and ensure they can do their jobs safely. However, when those tools are damaged, faulty, or defective, they can be extremely dangerous and result in costly injuries that follow the worker for the rest of their lives. However, many victims of defective power tools are eligible for proper compensation that includes all of the damages they have suffered at the hands of a negligent manufacturer.
If you were injured due to a faulty power tool, then reach out to the New York construction accident attorney at Wingate, Russotti, Shapiro & Halperin, LLP. Our legal team is made up of expert lawyers who have passionately advocated for injured construction workers throughout New York City and can employ all of our resources to get you the compensation you need and deserve. Call us at (212) 986-7353 to learn how we can represent you after a serious injury.
The laborer fell three stories from a defective scaffold and suffered comminuted fractures of his left calcaneus, osteomyelitis in the left heel and a painful neuroma in his foot.
Frank Lombardo obtained $11.76 million in Queens County for a seriously injured Union Local No. 1 journeyman plumber.
Phil Russotti obtained an $11.1 million verdict in Queens County Supreme Court, for a 53 year old man who was injured on a construction site at a New York City High School.
Plaintiff, a 40 year-old, undocumented immigrant from El Salvador, was working off the books for a roofing contractor when he fell through a hole in the first floor of a one family home he was working in.
Kenneth Halperin, Philip Russotti
Wingate, Russotti, Shapiro & Halperin partners Phil Russotti and Ken Halperin settled the case of a union-affiliated painter in his 40s, who was injured while working at a chemical storage facility.
Kenneth Halperin, Philip Russotti
David M. Hoffman obtained a settlement of $6,500,000 for a client who was injured in a fall on a jobsite resulting in suffered serious and permanent trauma to his head.
Day Laborer Injured at Construction Site
Bryce Moses, Mitchell Kahn
Clifford Shapiro and Kenneth Halperin worked together to obtain a $5,000,000.00 settlement for the family of a construction worker who was killed while working in a trench at a construction site on Staten Island.
Clifford Shapiro, Kenneth Halperin
Attorneys obtained a pre-trial settlement in the amount of $4.5 million for a non-union laborer who fell through an opening on the first floor into a cellar below a Manhattan high-rise building under construction.
Noah Katz, Kenneth Halperin
Bryce Moses conveyed to the jury that the landowners were responsible for the accident and was able to obtain $4.27 million dollar recovery despite the fact there was only 4 Million Dollars in insurance coverage.
WRSH partners Mitchell Kahn and Kenneth Halperin obtained a $4,100,000.00 settlement for a 44-year-old Carpenter who was injured while working at a construction site.
Mitchell Kahn, Kenneth Halperin
The plaintiff suffered a concussion as well as lumbar and cervical herniations as the result of his workplace accident.
Philip Russotti, Kenneth Halperin,Mitchell Kahn
Cliff Shapiro and Noah Katz together represented a construction worker who was struck by an air conditioning unit, causing injuries requiring surgery.
Clifford Shapiro, Noah Katz
Frank Lombardo obtained $3.8 million for a construction worker who was seriously injured in a workplace slip and fall accident.
Our client was injured on February 23, 2012, during the demolition of a sidewalk in front of a large building. As a result of the accident, he had a cervical fusion, a lumbar fusion, and a left knee arthroscopy.
WRSH partners, Philip Russotti and Kenneth Halperin settled the construction accident case at mediation for our client who was a 50 year old bricklayer.
Philip Russotti, Kenneth Halperin, Mitchell Kahn
Frank Lombardo obtained $3.5 million for a non-union laborer who was injured after falling from a ladder while painting.
Our client was a member of Local 147, who was seriously injured when he fell from a poorly construction scaffold.
Frank J. Lombardo handled this case through the discovery phase of the lawsuit and settled it at private mediation for $3.375 million, prior to it being calendared for a jury trial.
Bill Hepner obtained a $3.2 million settlement at mediation for our client, a member of the Pointers Cleaners and Caulkers Union – Local 1, who was injured when he fell from a scaffold while doing his job.