Boston Construction Equipment Defect Lawyers
Fighting for accountability when machinery failure leads to life-altering injuries
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When construction equipment fails, lives change. Even without defective equipment, construction sites are inherently dangerous – in fact, they are already one of the most hazardous jobs in Boston and across the U.S. If machinery has defects, the consequences can be catastrophic: crushed limbs, amputations, spinal injuries, electrocution, or death. These cases aren’t just matters of workplace safety; they’re also about corporate accountability.
Defective design flaws, manufacturing defects, or negligent distribution can all lead to dangerous equipment making its way onto the construction sites, where it can create severe risks for workers. At Santoro & Gray, our dedicated team of attorneys represents injured workers and grieving families in product liability cases involving construction machinery, and we pursue the companies responsible for putting dangerous equipment on Boston job sites.
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How Santoro & Gray can help you
- What makes construction equipment defective?
- Types of defective equipment we investigate in Boston
- Who’s liable when equipment causes a catastrophic injury in Boston?
- What to do after a construction equipment injury
- How Santoro & Gray builds these cases
- Why clients choose Santoro & Gray
- Do you have a Boston construction equipment injury lawyer near me?
What makes construction equipment defective?
Any product, including construction equipment, machinery, or tools is defective when it is unreasonably dangerous in a way that causes foreseeable harm. There are three main ways equipment can become defective.
- Design defects: In cases where the equipment’s basic blueprint was unsafe, every individual product with that design will be defective. An example of this would be a saw that lacked a safety switch or had a safety switch that was too easy to disable.
- Manufacturing defects: Sometimes a product’s design might be safe, but something goes wrong during manufacturing (or the manufacturer uses substandard parts) that results in it becoming hazardous. Imagine scaffolding that was poorly welded, making it more likely to break when workers were using it.
- Failure to warn / marketing defect: Some products, especially construction equipment, may be defective because a manufacturer failed to include warnings or safety instructions for risks that should have been disclosed. One example could be chemicals like solvents, paints, epoxy resins, or adhesives that create risks when used without proper safety equipment. If those products are sold without any clear warning and detailed instructions, they might be considered defective. Products may also be defective if the instructions on usage are not clear.
Types of defective equipment we investigate in Boston
Santoro & Gray is prepared to handle all kinds of product defect claims involving defective equipment, including the following examples:
- Boom lifts and scissor lifts, which may have faulty hydraulics or an unstable design
- Cranes, which may be prone to tip-overs due to poor load distribution
- Paving machines, which could have issues like fuel system flaws, that cause explosions or fires
- Forklifts, which might lack working seat belts, horns, or reverse alarms
- Saws, drills, and grinders, which can become dangerous if they are missing protective guards or lacking automatic shut-offs
- Compressors or generators, which may ignite or overheat due to defective fuel lines
- Welding equipment, which may leak gas or spark fires due to substandard materials
- Demolition tools, which become dangerous if they fail under pressure or eject projectiles
- Unstable scaffolding systems, which could have flawed locking mechanisms or defective braces
- Battery-operated tools, which may create explosion risks from defective lithium-ion batteries
- Power tools
None of these are “minor malfunctions.” On a construction site, these defects can be deadly or cause serious injuries. And those who work on these sites rely on many different tools every day, making it likely that they could eventually come across one that is dangerously flawed.
Who’s liable when equipment causes a catastrophic injury in Boston?
One issue that comes into play on construction sites is that sometimes, the injured person may believe that their only option for recovery is through workers’ compensation. In Massachusetts, workers’ comp often doesn’t fully cover medical costs, lost income, or long-term disability.
However, when defective products are involved, the injured person (both employees and independent contractors) can file a third-party liability claim. When this type of claim is available, it often allows the injured person to recover much more than they could from workers’ compensation alone. These lawsuits give you an opportunity to seek pain and suffering damages, loss of earning capacity, and, in fatal cases, wrongful death compensation.
The potentially responsible parties may include:
- The equipment manufacturer: Companies like Caterpillar or Komatsu could be liable.
- Component or parts manufacturers: This is especially likely in the case of complex machines with third-party parts.
- Tool and machinery rental companies: If these companies failed to inspect or maintain equipment, they might be liable.
- Dealers or distributors: Anyone who sold the defective product could be a liable party as well.
- Engineers, designers, or safety consultants: Those involved in equipment development might bear liability.
- General contractors and/or other sub-contractors
Our defective construction equipment lawyers work to trace the entire chain of commerce. It’s important that we identify every party whose negligence contributed to the injury or death. The objective is to seek accountability from each of them, which can lead to complex multi-defendant litigation.
The defendants may be liable on the following grounds:
- Strict liability. We work to show the product was defective, the defect caused the accident, and the accident caused your injury. There’s no need to prove fault.
- Breach of warranty. Most construction products come with express and implied warranties about how their products will work. We hold the companies that make and sell construction equipment and machines accountable when they breach these warranties.
- Failure to comply with standards. We work to show that the defendants failed to comply with industry standards or safety standards for the design, manufacture, and sale of construction products.
In some cases, we may also explore Massachusetts Chapter 93A claims for deceptive business practices, which may result in triple damages. It’s important to know all of your options so that you don’t miss out on the chance to fully recover for your injuries.
What to do after a construction equipment injury
Following any accident, there are steps you need to take to protect yourself, including the following:
- Seek immediate medical attention: Even if your injuries aren’t immediately obvious, get checked out by a doctor. Adrenaline in the moment can mask serious symptoms. Also, if you delay treatment, that could open the door for the defendants to claim that you weren’t seriously injured or suffered injuries in a later, unrelated accident. Ultimately, seeking medical care and prioritizing your physical and mental wellbeing is most important.
- Secure and preserve the equipment: If possible, do not allow anyone to tamper with or repair the equipment. Having it in the same state it was at the time of the incident is important for helping to prove your claim.
- Take photos and videos: Document the scene, the machine, and any visible injuries.
- Document all markings: Make sure you have information about the serial numbers, labels, or warnings on the equipment.
- Gather witness names and contact information: Collect this as early as possible. Witnesses might be important in proving what happened, and you don’t want to lose the ability to speak to anyone who could support your claim.
Never wait to contact Santoro & Gray. It’s best if we can get involved before the equipment disappears or insurance companies try to deny responsibility. Once we’re by your side, we can start building an effective case.
How Santoro & Gray builds these cases
At Santoro & Gray, we work diligently to build your case. Some of the steps we take include:
- Retaining independent mechanical engineers and forensic safety experts to analyze the equipment design and failure point. It’s not enough to just say something was defective; we need someone who can explain why the equipment was so dangerous and how it failed to meet industry safety standards.
- Examining supply chains, compliance records, and prior CPSC (Consumer Product Safety Commission) recall notices or complaints. We want to make sure we identify any potentially liable parties.
- Obtaining internal records, including warranties, from manufacturers and sellers through litigation. The discovery process will allow us to collect this important information so that we can build your case.
- Documenting the full extent of your damages, whether you’ve suffered amputation, a traumatic brain injury (TBI), a spinal cord injury, PTSD, or career-ending disabilities, we want you to recover the compensation you need to protect your future.
Our personal injury attorneys prepare every defective equipment case as if it’s going to trial. When your opponent knows you’re prepared to take the case all the way to a jury, they’re less likely to try to low-ball you with offers that don’t even come close to full compensation. As experienced litigators, we never back down and always put your best interest first.
Why clients choose Santoro & Gray
Our clients choose us because we truly listen to them with compassion and strive to fully understand the impact of their injury on their lives. However, we never back down, even when going up against manufacturers or billion-dollar insurers. As a small, boutique firm, we focus on catastrophic, high-stakes cases and give attention and care to every client’s case. Our lawyers have been recognized statewide for their advocacy, including serving in leadership roles with the Massachusetts Bar Association. We’re respected for our credibility and strong record of verdicts and settlements.
Do you have a Boston construction equipment injury lawyer near me?
Yes. Our firm is conveniently located at 131 Dartmouth Street, 3rd Floor, Suite 35, Boston, MA 02116. We serve construction workers and their families across Boston, Cambridge, Somerville, Quincy, and beyond. If you can’t come to us, we’re prepared to come to you. Initial consultations with our team are always free.
Our lawyers will explain your rights and fight for all the compensation you deserve.
Talk to our Boston construction equipment defect lawyers today
If faulty construction equipment changed your life—or cost the life of someone you love—you need an accomplished advocate who is prepared to fight for you. Let Santoro & Gray stand by your side in your fight to hold manufacturers, rental companies, and others accountable. Call or fill out our contact form today for a free case review.