Tennessee Construction Injury Law: Equipment Accidents
On a daily basis, construction workers face the risk of their equipment failing or causing a serious accident. It may be heavy machinery in use to accomplish a certain task or even personal gear meant to keep a worker safe from harm, unforeseen equipment failure often carries catastrophic consequences. The construction injury lawyers at InjuryTN understand that construction workers need to depend on their equipment to be reliable and, above all else, safe. Sadly, though, this isn’t necessarily always the case, and possible explanations abound.
Commonly, inadequate maintenance, misuse, overuse, or an employer’s inability to replace old equipment are to blame for such construction accidents. The most prevalent instances of construction equipment failure and accidents include some of the following:
- Hydraulic line failure
- Compressed air line failure
- Bolts or other parts failure
- Ladder failure
- Cable failure
- Brake line failure
Potential Dangers of Equipment Accidents
Regardless of its size or intended uses, any piece of construction equipment will always have the possibility of failing while in use. On a daily basis, construction workers are seriously injured because of defects in drills, earth moving equipment, jackhammers, power tools, pressure tanks, saws, sanders, or other hazardous equipment. Still, there remains the potential to suffer a serious injury due to parts failure on backhoes, bulldozers, cherry pickers, cranes, forklifts, lifts, and skid steers.
When small parts fail, construction workers may be in danger of injury in the event that drill bits, metal pieces, nails, rubber hosing, and saw blades go flying. Such events may end with puncture wounds to workers, creating an even greater risk of serious injury if airborne materials strike workers’ necks, faces, or heads.
When motorized equipment fails, the possibility for severe injury increases exponentially, as such accidents involve spinning tires, swinging booms, overturned machinery, and falling equipment. These kinds of injuries are especially dangerous, and can include severe injuries like:
- Broken or fractured bones
- Crush injuries
- Internal damage
- Traumatic Brain Injuries
- Neck injuries
- Spinal cord damage
Due to the loud and overcrowded environments on construction sites, communication of impending dangers can often be extremely difficult. This is the reason that construction companies should consistently practice safety standards and enforce policies which require adequate training and routine inspections, as well as prompt responses to issues that arise.
Investigations into Causes of Equipment Failure
Construction workers who sustain injuries because of equipment accidents frequently will not be aware of the fact that they were in danger, meaning there was no way for them to knowingly protect themselves. Equipment has the potential to be unsafe for numerous reasons, but usually issues arise from one of three potential situations:
- The piece of equipment is being improperly utilized
- The piece of equipment is defective, rendering it unfit for safe use
- The piece of equipment carries inherent dangers and would ordinarily be considered unsafe
In the event that the piece of equipment being used during the accident is unsafe by its very nature, manufacturers should make sure that danger is made apparent to its users by appropriately labeling the product. This practice will ensure that users are fully aware of the inherent risks involved with utilizing the piece of equipment. If using this piece of equipment is necessary on the site, employers will be required to ensure their workers are appropriately trained so as to avoid dangerous use. Some uses may require workers to be closely supervised in order to ensure the avoidance of mistakes.
Speak with a Construction Accident Lawyer
If you have been injured in a construction equipment accident, our attorneys are here to help you. Contact us to set up your free initial consultation today.
Faulty Equipment Accidents
Equipment used in construction are frequently subjected to heavy usage and serious wear and tear, so in the event that the employers or supervisors of the equipment are not adamant about conducting regular inspections and repairing the equipment, serious accidents are bound to occur. Nonetheless, defects in the equipment may additionally result from inferior design as well as errors in production. The cause of the equipment’s failure will determine what avenues will be taken by our team of experienced construction injury attorneys.
For instance, if a safety harness fails and causes a worker to fall, our staff would immediately assess the reason for the failure. If the failure was due to defects in its design, exploring the notion of product liability may be an appropriate course of action. However, if the cause was the supervisor’s own inability to maintain, repair, or replace the equipment, workers’ compensation will probably be the best solution (if the equipment was exclusively owned and maintained by the employer). But even if a worker does receive workers’ compensation, third-party litigation might still be an option, dependent upon what circumstances led to the occurrence. When external companies are the ones responsible for maintaining safe working conditions for the harness, then these companies might potentially be held accountable for the incident.
Contact Equipment Failure Accident Attorneys
When a piece of machinery or equipment fails or is found to be defective, the case will probably need thorough investigation into both the conditions of the construction site where the incident took place as well as the efficacy of the equipment itself. In general, the intent is to provide evidence which proves that the equipment’s design was defective, there was an error in its production, or that the product should have displayed warnings of its inherent hazards. Such investigation needs to take place as soon as possible following an incident so as to establish needed witness testimonies and preserve critical evidence.