Warehouses, construction sites, manufacturing facilities, and industrial sites use several types of forklifts when working at their sites. However, driving this equipment can be challenging, especially if the staff isn’t properly trained to handle it. Accidents involving the use of this equipment result in devastating injuries and fatalities for construction workers. If you or someone has sustained injuries while using the equipment in an area with construction, then you need to seek legal counsel from legal professionals. New York City forklift accident attorneys at Friedman Levy can help you receive maximum monetary compensation for these avoidable injuries. One of the most crucial steps in a personal injury lawsuit is to determine who should be held accountable. A knowledgeable and resourceful lawyer can help you to identify all the liable parties that you should hold responsible for your damages. The common liable parties include:
The equipment operator
If you sustained injuries because of the equipment operator’s negligence, then he or she may be held liable for the damages you have suffered. The operator may act negligently by failing to follow the proper safety protocols that they learned in their training. The operator might have been operating the equipment while under the influence of drugs and alcohol, which is a significant issue. Sometimes it can be less severe of a situation as they might have been drowsy or not feeling well. Companies are responsible for making sure that they are hiring competent employees who are certified and know what they’re doing. Failure to do so can result in severe damage.
The vendor
The sellers, distributors, and vendors can be held responsible if workers get hurt while using the equipment. For example, if a vendor provides low-quality equipment, it may malfunction and cause injuries or fatalities. Vendors are required to inform the buyers about the proper maintenance routines to keep the equipment working efficiently and safely. Vendors are responsible for making sure that the equipment they are selling is in top shape. If they choose not to or get lazy, they might send out faulty products that are dangerous to the public.
The manufacturer
If the equipment had a design or manufacturing defect, then the manufacturer can be held responsible for the victim’s injuries and losses. Defects can cause malfunctions, which can cause severe injuries or deaths. In some cases, the manufacturer of a defective part that caused the equipment to malfunction and injures workers may also be liable. Manufacturers are required to evaluate their products to make sure everything is working properly. But if they miss a key detail, it can result in a consumer getting hurt or killed.
The maintenance companies.
Sometimes, the task of maintaining and repairing the equipment may be contracted out to another company. If the company that is responsible for maintaining the equipment fails to do so, and the equipment malfunctions and causes injuries, they can be held responsible for all the damage that the workers have sustained. These companies need to make sure that they are putting out high-quality products. If these products are not safe for the public, then they are lying about safety and that can be a serious legal issue.
Dangerous work environment
The design of a workplace or warehouse may increase the risk of getting injuries. For example, inadequate lighting may hinder the equipment operator or other workers working around the equipment from seeing properly. Moreover, intersecting aisles and blind spots prevent workers from seeing what is ahead. These are serious issues that need to be sorted out before someone gets on the forklift. If someone sustains injuries under these circumstances, then the storeowner or the warehouse may be held responsible.
Conclusion
If you have sustained injuries or losses while operating the equipment at the workplace, then they can hold different parties liable. The employer, the vendor, the manufacturer, or the maintenance company, can all be held liable during a case like this. It is advisable to retain a lawyer who can evaluate your case and determine the correct party to hold you liable for your damages. A lawyer will be able to assess the situation and determine who is at fault and what they owe you. It’s best to reach out to a legal team immediately and get yourself taken care of.
