High Risks on High Rises: Who’s Liable When Scaffolding and Forklifts Cause Injury

Industrial and construction sites rely heavily on specialized equipment to complete demanding tasks, scaffolding and forklifts being two of the most common tools on any job site. While these machines and structures are vital for productivity and efficiency, they also present significant risks when not manufactured, designed, or maintained correctly. Injuries caused by defective construction equipment can be catastrophic, and victims may have grounds to file a product liability claim.
At Morgan & Morgan, we believe those injured by defective or dangerous equipment deserve justice. Our firm protects workers and their families when corporations prioritize profits over safety. You don't have to face the aftermath alone if you've been hurt on the job due to faulty scaffolding, a malfunctioning forklift, or any industrial equipment failure.
The Role of Equipment in Construction Injuries
Construction sites are among the most hazardous workplaces in the U.S. According to the Occupational Safety and Health Administration (OSHA), falls and struck-by incidents rank among the industry's leading causes of death and injury. Due to their central role in daily operations, scaffolding and forklifts are often involved in these accidents.
Scaffolding Accidents
Scaffolding provides elevated workspaces for construction crews, but if improperly designed, manufactured, or assembled, it can collapse or fail, leading to serious injuries such as:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Death in severe cases
Issues like faulty welds, design flaws, or substandard materials can all point to product defects that expose workers to unnecessary risks.
Forklift Accidents
Forklifts are essential for transporting heavy loads, yet they can be incredibly dangerous if their brakes, steering, or lifting mechanisms fail. A defective forklift can lead to:
- Tip-over accidents
- Crushing injuries
- Run-over incidents
- Falling loads
Operators are trained and follow all safety procedures, but the equipment may be inherently unsafe due to the manufacturer's negligence.
What is Product Liability?
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of consumers or workers. These defects typically fall into three categories:
- Design Defects: The product is inherently unsafe due to a flaw in its design.
- Manufacturing Defects: Mistakes made during production cause the product to be unsafe.
- Marketing Defects: Failure to provide adequate instructions or warnings about the product’s proper use.
When equipment like scaffolding or forklifts fail due to one of these defects, the injured party may be entitled to compensation under product liability laws. These cases can be complex and require expert legal guidance to navigate successfully.
Who Can Be Held Liable?
In construction equipment product liability cases, multiple parties could share responsibility:
- Manufacturers: Companies that design and produce defective equipment.
- Distributors: Parties that sell or deliver the equipment to job sites.
- Rental Companies: If they fail to inspect or maintain equipment properly before leasing it.
- Employers: In some cases, if they knowingly provide unsafe tools or equipment, or fail to provide proper training and maintenance.
Proving Product Liability
To succeed in a product liability case, the injured party must generally prove the following:
- The equipment was defective.
- The defect directly caused the injury.
- The product was being used as intended or in a foreseeable way.
- The injury led to damages such as medical bills, lost wages, and pain and suffering.
This is where the strength of your legal team matters. At Morgan & Morgan, we collaborate with engineers, product safety experts, and accident reconstruction professionals to build a strong case on your behalf.
Your Right to Compensation
If you or a loved one has been involved in an accident involving industrial or construction equipment, you shouldn’t have to carry the financial burden for an injury that should have been avoided. Victims of equipment failure may be entitled to recover damages for:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Emotional distress
- Wrongful death (for families of deceased workers)
Injured by Faulty Equipment? Get the Justice You Deserve
At Morgan & Morgan, we’ve fought for injured workers and their families for over 35 years. As America’s largest personal injury law firm, we have the resources, experience, and relentless dedication to take on big corporations and win. We’ve recovered billions of dollars for clients nationwide, and we’re just getting started.
When you hire us, you’re not just getting a lawyer—you’re gaining a team of legal professionals who are For The People, not the powerful. And you don’t pay unless we win. If you or a loved one has been injured due to defective scaffolding, forklifts, or other construction equipment, don’t wait. Contact Morgan & Morgan for a free, no-obligation case evaluation.
Injured? Getting the compensation you deserve starts here.
