Injured by Heavy Equipment? Products Liability Laws Can Help You
When heavy construction equipment—bulldozers, cranes, forklifts, excavators, loaders, and other machines—fail, an immensely dangerous situation is created for workers in the area. A defective part, faulty hydraulic system, or malfunctioning safety mechanism can cause catastrophic crushing injuries, amputations, spinal trauma, or even death. It only takes an instant, and the victims involved are helpless to react.
In many cases, these tragedies are not “accidents” at all. They are the result of defective design, manufacturing flaws, or negligent maintenance. Under New Jersey law, the companies that make, distribute, or allow dangerous equipment on a job site can be held legally responsible.
If you or a loved one has suffered a serious injury in a heavy equipment accident, it’s important to understand your legal rights and who can be held liable for the harm caused.
When Heavy Equipment Becomes Dangerous
A single failure in the design, manufacture, inspection, or maintenance of heavy equipment is enough to create a disaster on any construction site. These catastrophic incidents can be caused by a wide array factors, including:
- Brake or steering malfunctions that cause runaways or rollovers.
- Crane collapses or boom failures due to weak welds or defective materials.
- Hydraulic system failures that lead to uncontrolled movements or crushing hazards.
- Electrical defects that cause electrocution or fire.
- Faulty safety systems, such as warning alarms, guards, or limit switches, that fail to function properly.
- Defective attachments or couplers that fail under load.
In any of these scenarios, the question becomes: was the equipment itself unsafe from the start, or did someone knowingly allow a defective machine to stay in service?
Who Can Be Held Liable for Heavy Equipment Accidents?
After a catastrophic construction accident, liability can extend to multiple parties, who can share responsibility under New Jersey’s product liability and negligence laws. This all depends on the cause of the failure. Who can be held liable
Manufacturers and Designers
If a piece of heavy equipment was defectively designed or manufactured, the company that created or assembled it may be liable under the New Jersey Product Liability Act (N.J.S.A. 2A:58C-1 through 11).
- Manufacturers can be held strictly liable when a product:
- Was defectively designed, making it unreasonably dangerous for its intended use.
- Was defectively manufactured, meaning it deviated from safe design specifications or quality standards.
- Lacked adequate warnings or instructions about foreseeable hazards.
Under this law, you don’t need to prove that the manufacturer acted negligently, only that the product was defective, the defect existed when it left the manufacturer’s control, and the defect caused your injury. If a crane boom fails because of a faulty weld in the manufacturing process, or if a bulldozer’s braking system malfunctions due to defective parts, the manufacturer or distributor can be held strictly liable for resulting injuries.
Construction Companies and Site Operators
Even if the equipment itself was properly designed and built, construction companies and site managers still have a duty to maintain and inspect their machinery.
If a company does any of the following, they may be liable for negligence:
- Knows that a piece of heavy equipment is defective
- Fails to perform proper maintenance or safety checks
- Pressures workers to use unsafe equipment anyway
If a contractor continues using a crane with known hydraulic leaks or mechanical issues, or ignores safety recalls and a worker is seriously injured, the employer or site operator may share liability for allowing unsafe equipment to be used.
Equipment Rental and Leasing Companies
Many construction sites use rented or leased equipment. These companies have the same obligation as owners to ensure their machines are safe. This will be the case if a rental company fails to inspect, service, or repair its fleet before leasing it out, and a worker is hurt because of that neglect; the company may be held responsible for the resulting injuries.
Component Manufacturers and Suppliers
Heavy equipment is built from hundreds of components — hydraulic pumps, braking systems, valves, cables, bolts, and electronics — often sourced from multiple suppliers.
If a defective part from a component supplier caused or contributed to the accident, that supplier may also be liable under New Jersey’s product liability laws.
Many Types of Defects Can Lead to Product Liability Claims
Product liability law recognizes three main types of defects that can make heavy equipment unsafe:
- Design Defects: The machinery’s blueprint or design makes it inherently dangerous (e.g., a crane designed without adequate stability safeguards).
- Manufacturing Defects: Errors during production, assembly, or quality control that make a specific unit unsafe (e.g., improper welding or substandard materials).
- Failure to Warn (Marketing Defects): Inadequate warnings or instructions about known dangers (e.g., failing to warn operators that certain slopes can cause rollovers).
Each type of defect requires a different approach to investigation and proof. That’s why having experienced legal representation with access to engineers, safety experts, and product investigators is essential.
New Jersey Has Laws to Help with Product Liability Cases
The New Jersey Product Liability Act (NJPLA) governs claims involving defective products. This law:
- Applies to all manufacturers, distributors, and sellers of defective products.
- Allows for strict liability, meaning you don’t need to prove negligence, only that the product was defective and caused injury.
- Covers all types of defects: design, manufacturing, and failure to warn.
Construction accident victims may pursue negligence claims under general tort law if the equipment owner or operator failed to maintain or inspect the machinery properly.
Victims generally have two years from the date of injury to file a product liability or personal injury lawsuit under N.J.S.A. 2A:14-2, but certain circumstances (such as delayed discovery of a defect) may extend that time.
Your Legal Options
If you’ve been injured by defective equipment on a construction site, filing a product liability or negligence lawsuit can help secure the resources you need for recovery.
You and your family may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Loss of consortium (for spouses and family members)
- Funeral and burial expenses (in wrongful death cases)
Contact a Personal Injury Lawyer Today
Heavy equipment accidents are among the most devastating events on a construction site, but they are almost always preventable. Whether caused by a design flaw, a manufacturing defect, or a company’s failure to maintain safe machinery, these accidents have lifelong consequences for workers and their families. Under New Jersey law, manufacturers, contractors, and equipment owners can all be held accountable when their negligence or defective products cause harm.
If you or a loved one has been catastrophically injured in a heavy equipment accident involving a bulldozer, crane, forklift, or any other machine, contact Eichen Crutchlow Zaslow today for a free, confidential consultation.