Construction equipment is supposed to make work faster and safer. When it fails — when a saw kicks back without warning, a lift collapses, a harness clip releases under load — the people responsible for designing, manufacturing, and selling that equipment may bear legal responsibility for the injuries that follow.
The Detailed Answer
Delaware recognizes product liability claims for injuries caused by defective products. These claims fall into three general categories.
Design Defects
A design defect exists when the entire product line is unreasonably dangerous because of how it was designed. Examples on construction sites include power tools that lack guards a reasonable manufacturer would have included, lifts that tip too easily under expected loads, or harnesses that fail at known stress points.
Manufacturing Defects
A manufacturing defect exists when a particular unit comes off the assembly line with a flaw that makes it different from — and more dangerous than — what the manufacturer intended. A weld that was not properly executed, a casting with hidden voids, or a missing component can all create manufacturing defects.
Failure to Warn
Even a properly designed and manufactured product can be defective if the manufacturer failed to warn of known dangers or provide adequate instructions. A saw without a kickback warning, a chemical without a hazard label, or a lift without operating limits documentation may be defective on a failure-to-warn theory.
Defendants in a Construction Product Case
Potential defendants include the manufacturer, the distributor, the rental company, and sometimes the seller. Delaware law generally allows claims against any party in the distribution chain, though specific defenses may apply to non-manufacturing sellers.
What This Means for Your Case
A defective equipment claim is separate from your workers’ compensation claim and from any third-party claim against the general contractor or other subcontractors. It is governed by the two-year personal injury statute of limitations under 10 Del. C. § 8119, and Delaware’s modified comparative negligence rules at 10 Del. C. § 8132 apply. The most important step after a defective-equipment accident is to preserve the equipment itself — once it is repaired, scrapped, or returned to the rental yard, the case becomes much harder to prove.
Related Questions
Q: What if the equipment was rented?
Rental companies may face liability for renting out equipment in unsafe condition, failing to maintain it, or failing to provide adequate safety instructions. The manufacturer is often also a potential defendant.
Q: What if my employer modified the equipment?
Modifications can complicate a product liability case. The manufacturer may argue the modification — not its design — caused the injury. An attorney can evaluate how the modification affects the claim.
Q: Can I bring a product case if I was not the operator?
Yes. Bystanders, helpers, and other workers injured by a defective piece of equipment can pursue product liability claims as readily as the operator.
When to Talk to a Delaware Construction Lawyer
Defective equipment cases require rapid evidence preservation and often involve engineering experts. Joseph M. Jachetti — Delaware Bar #003744, licensed since December 1998 — has experience handling Delaware construction injury claims and previously worked ten years as an insurance claims adjuster. Read about Joseph’s background, our construction accident practice, related scaffolding accident claims, and third-party general contractor claims.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.