A construction site is one of the most dangerous places you can work. Falling objects, falls from heights and poorly constructed ladders or scaffolding can cause serious and catastrophic loss. Another common cause of injury is the malfunction of power tools, machinery and heavy equipment on a job site.
When the cause of your injury is caused by a tool, machine or piece of equipment, your claim will typically be in the form of a product liability lawsuit. As a general rule, a product liability claim will be premised on one of three different legal theories:
- Negligence product design
- Negligent manufacture of a product
- Negligent marketing of a product
An allegation of negligence in the design of a product contends that the product was inherently unsafe, regardless of how well it was built or manufactured, and that designers failed to reasonably consider the potential safety risks of the product design. For example, if a motor vehicle or recreational vehicle is designed with a high center of gravity, making it unstable on curves, there may be a claim for negligent design.
A lawsuit based on negligent manufacture alleges carelessness or negligence in the manufacturing process, either through the use of substandard materials, through sloppy assembly or poor supervision during manufacturing.
The last type of product liability claim involves negligent marketing, where the manufacturer fails to provide appropriate instructions or warnings with the product. A manufacturer must provide notice of any known risks, as well as any risks that would have been discovered through the exercise of reasonable care.
As a side note, it’s important to understand that, should your injury be caused by a dangerous or defective product, you may be able to file a lawsuit for damages, in addition to a workers’ compensation claim.
Contact the Law Offices of J. Lewis & Associates
To discuss your legal needs with an experienced Riverside premises liability injury lawyer, contact our office online or call us toll-free at 1-800-228-0507. There is no charge for your initial consultation. Se Habla Espanol.