Houston Defective Construction Equipment Lawyer

Faulty or defective construction equipment can result in death or severe injuries that inhibit you from earning a living. The advice and advocacy of an experienced Houston construction accident lawyer become invaluable in these situations.

If you’ve been hurt on a construction job site and are not sure where to turn for justice, talk to us. The legal team at Havens & Associates has the knowledge, experience, and tenacity to take on even the most complicated defective construction equipment claim.

We offer a free consultation, which you can book by calling (713) 955-2215.

What should I do after being hurt by a defective piece of equipment?

Getting swift medical attention is number one since it greatly affects your recovery and outcome. After treating your defective equipment injury in Houston, take the following steps:

Preserve as much evidence as possible. Keep the machinery or equipment involved in the incident and any relevant documentation, like the operation or user manual.
Document your memory of the event, including the time, location, and what you did immediately before the injury.
Note any witnesses, including co-workers, subcontractors, or foremen.
Take photos or a video of the scene. Include as many pictures of your injuries right after the accident as possible.
Report the incident. You are typically required by law to report the incident to your employer, especially if you plan to claim workers’ compensation benefits. You should also report the incident to the Occupational Safety and Health Administration (OSHA), any other regulatory entities, or the equipment owner (if you were using rented equipment).
Talk to a Houston defective construction equipment attorney. Your lawyer can advise you of your options if your employer does not carry worker’s compensation insurance and the next step for filing suit against the equipment manufacturer or designer.

How much does it cost to hire a construction defect attorney in Houston?

Havens & Associates works on a contingency basis. We assess fees as a percentage of your final settlement or jury award. Thus, you can access top-quality legal representation without spending much money upfront.

We only get paid if you win.

What are the most common types of defective construction equipment?

Defective equipment and machinery can vary widely depending on the type of job site. Some of the most common types of construction machinery that can pose significant risks to users or bystanders include:

Industrial machinery, like earthmoving equipment, material handlers, and concrete
Heavy vehicles, like forklifts, articulated trucks, bulldozers, dump trucks, concrete trucks, or an excavator
Power tools, like a nail gun, drill, saw, air compressor, or jackhammer
Electrical equipment, like a circuit breaker, electrical panel, commercial fan, or lighting fixture
Scaffolding or ladders

These may be just some of the equipment on your construction site. Some specialized construction sites, like offshore rig and drill site construction, may have specific equipment or machinery unique to the site.

Can undocumented workers recover financial compensation, too?

Yes, if you are an undocumented worker, there is no prohibition for seeking compensation through Texas workers’ comp or the civil justice system. However, there may be barriers to getting compensation, including a language barrier, unfamiliarity with Texas or federal laws, and a fear of retaliation from the employer.

You may also have difficulty proving an employer-employee relationship, typically required for a workers’ compensation claim. Talk to a lawyer about protecting yourself while still asserting your rights.

What kinds of injuries are associated with defective construction equipment?

Injuries from a malfunctioning piece of construction equipment can be disabling. Even if you aren’t permanently disabled, your recovery may still take weeks and require physical or occupational therapy to help you regain your abilities.

Some of the more common types of injuries people sustain from defective construction equipment include:

Traumatic brain injury (TBI) or head trauma
Broken bones or fractures
Internal organ damage and internal bleeding
Strains, sprains, or other soft tissue injuries
Illness from toxic fume or toxic material exposure
Burns or electrocution
Lacerations and contusions

Many victims may suffer multiple injuries, which increases the risk of infection and means a longer and more painful recovery.

What kinds of safety equipment are required on construction sites in Houston?

Construction site safety is heavily regulated. The Texas Department of Insurance (TDI) Division of Workers’ Compensation issues a Construction Industry Safety Checklist with specific safety regulations covering motor vehicles, ladders, tools, asbestos, fire prevention, and demolition.

General job site safety

Construction sites should have adequate signage to warn against dangers, including noting which areas may be in the path of moving equipment like a crane.

There should also be protocols for handling accidents, including those caused by defective machinery. Site safety should include requirements for inspecting equipment before use and how to alert the site supervisor about damaged or malfunctioning machinery.

Personal protective equipment (PPE)

OSHA requires certain safety precautions for the eyes, head, and face when workers perform tasks like welding, sanding, drilling, grinding, or chipping. The type of PPE needed depends on the job, but construction workers should generally wear eye protection and a hard hat. Many sites also require steel-toed boots for all workers.

Employers must provide all required protective equipment and assume its cost. Hard hats and other equipment should be inspected daily to ensure that damaged PPE isn’t used.

How can a Houston defective construction equipment lawyer help me?

You may have more legal options than you realize after a Houston construction accident. An attorney with experience with defective or malfunctioning equipment injury claims can provide valuable assistance by doing the following.

Properly evaluating your case

They assess the strength of your claim, including investigating the liable parties (like your employer and the equipment manufacturer). A lawyer considers questions of proving liability, applicable state and federal laws, and the value of your potential damages.

Conducting an in-depth investigation

Like a private investigator, a lawyer may have access to resources you do not. They also have the power to depose witnesses under oath and subpoena uncooperative witnesses.

Properly identifying all liable parties

Determining the exact persons or entities responsible for the accident that injured you is crucial for maximizing your compensation.

Communicating on your behalf

You can heal peacefully, referring all communication to your Houston defective construction equipment lawyer. They can handle correspondence with defendants(s), lawyers, and insurance companies. Your lawyer can also keep your words from being twisted as an admission that you did something to cause the accident.

Applying relevant laws

Product liability cases are among the most complex personal injury claims. Experienced attorneys understand the intricacies of product liability law and which points of law apply to your case. They can guide you through the legal process.

Maximizing your compensation

Your attorney evaluates your current damages and future needs. Because of your injuries, you may require ongoing rehabilitative care or be unable to secure gainful employment. Your attorney can properly value your claim and fight tirelessly for the maximum settlement possible.

Product liability laws in construction

In many cases, Texas law states that a manufacturer of defective or poorly designed construction equipment is liable for damage caused, not the seller. However, the seller may also be held liable for injuries sustained by the user if it can be proven that the seller engaged in intentional misconduct, negligence, or other misconduct or act, like negligently altering the item.

Another product liability law that could affect your case is your deadline for filing the claim. Texas’ statute of limitations provides the plaintiff 15 years from the date the product was first sold to file suit.

However, finding this date can be tricky. Your Houston defective construction equipment lawyer may need to track down multiple sales or transfers of the equipment to determine the original sale date.

Who may be liable for my injury?

Multiple parties may be named as defendants in a Texas construction equipment liability suit, including:

Determining liability in a Houston construction accident case requires carefully analyzing each party’s role in bringing the defective product to consumer use and how each liable party contributed to the product’s defectiveness.

Defective maritime construction equipment

The dangers of defective machinery are amplified when the construction site is offshore, far from help. Although Texas product liability or workers’ compensation laws may apply, at other times, you may have to seek recourse under federal maritime laws.

The Jones Act may apply in your case, or you may get justice under the Longshore and Harbor Workers’ Compensation Act. This Act applies to ship rebuilders and other construction workers on docks or rigs.

Hurt by a defective piece of equipment? We can help.

Do you need help asserting your rights after being injured by a defective piece of machinery or equipment on a construction site? We want to hear your story. A Houston defective construction equipment lawyer from Havens & Associates can evaluate your situation and provide personalized advice about your legal options.

We hold negligent product manufacturers accountable and tenaciously argue for your full compensation. Call us at (713) 955-2215 for a free initial case review.