Suing Manufacturers for Defective Power Tools and Heavy Equipment in Rhode Island
If you are injured by a defective power tool at work in Rhode Island, you can file a third-party product liability lawsuit against the manufacturer, even if you are receiving Workers' Compensation from your employer. Under R.I. Gen. Laws § 28-35-58, you have the right to seek additional damages for pain and suffering.
The Dual Legal System for Injured Rhode Island Workers
Construction workers, carpenters, and DIY enthusiasts in Rhode Island rely on heavy equipment and power tools to get the job done. But when a nail gun misfires or scaffolding collapses, the resulting injuries-such as amputations, spinal cord damage, or traumatic brain injuries-are devastating.
If you were injured on a job site in Providence, Newport, or anywhere else in the state, you likely know that you cannot sue your employer due to the workers' compensation exclusivity rule under R.I. Gen. Laws § 28-29-20. However, workers' comp only pays for medical bills and a portion of lost wages; it pays nothing for your pain, suffering, or loss of quality of life. This is where a third-party product liability lawsuit becomes vital. If a defective tool caused your injury, you can sue the tool's manufacturer directly.
Types of Defective Power Tools and Heavy Equipment
Manufacturers have a legal duty to incorporate feasible safety technology into their designs. When they cut corners to save money, workers pay the price.
Nail Guns Lacking Safety Guards
Pneumatic nail guns are incredibly powerful. A common defect is the failure of the sequential trip trigger mechanism, or a lack of proper safety guards, causing the gun to double-fire or discharge when accidentally bumped. This defect frequently leads to severe puncture wounds and nerve damage.
Table Saws Lacking Saw-Stop Technology
Table saw amputations are tragically common. The technology exists to instantly stop the blade upon contact with human flesh (flesh-sensing technology). If a manufacturer designs a saw without this readily available safety feature, or if the standard blade guards shatter during use, Rhode Island courts may find the design unreasonably dangerous.
Faulty Scaffolding Materials
A fall from height is the leading cause of death in construction. If a scaffolding system collapses because of weak metallurgy, defective locking pins, or poorly molded brackets, the company that manufactured those parts can be held strictly liable for the injuries sustained by the falling worker.
Understanding Third-Party Claims vs. RI Workers' Compensation
Under R.I. Gen. Laws § 28-35-58, Rhode Island law explicitly allows an injured employee to collect workers' compensation benefits from their employer while simultaneously suing a negligent third party (like the equipment manufacturer) for damages.
By filing a Form Superior-89, Rhode Island, Superior Court, Complaint/Petition in a court such as the Providence/Bristol County Superior Court, Providence or the Washington County Superior Court, South Kingstown, you can pursue a massive lump-sum settlement. However, you must be aware of the "subrogation lien." This means if you win your lawsuit against the tool maker, you must reimburse your employer's workers' comp insurance company for the medical bills they already paid on your behalf. Your lawyer will negotiate this lien down so you keep as much of the settlement as possible.
What Does it Cost to File a Third-Party Claim?
Filing a complex product liability lawsuit does not require you to dip into your savings while you are out of work.
| Contingency Fee | Your attorney will take a percentage of the final settlement (usually 33% to 40%). If you lose, you owe them zero for their time. |
| Court Costs | Approximately $180 to file the initial civil complaint in the Rhode Island Superior Court. |
| Investigation Costs | Engineers and safety experts are required to prove the tool was defective. This can cost $5,000 to $20,000, which the law firm advances. |
Timelines and the Statute of Limitations
In Rhode Island, you only have three years from the date of your workplace accident to file a product liability lawsuit against the manufacturer under the statute of limitations, codified in R.I. Gen. Laws § 9-1-14(b). A third-party lawsuit can take 1.5 to 3 years to reach a jury verdict or settlement, moving entirely independently of your workers' compensation claim.
Need Help Finding a Lawyer?
Navigating the complex overlap between workers' compensation law and product liability takes a highly specialized legal mind. You can find experienced Rhode Island personal injury attorneys in our USA Lawyer Directory who know exactly how to maximize your recovery from both systems simultaneously.
Frequently Asked Questions (FAQ)
Will suing the manufacturer affect my workers' comp benefits?
No. You can continue to receive your weekly workers' compensation checks and medical treatments while your third-party lawsuit against the tool manufacturer makes its way through the Rhode Island Superior Court.
What if I modified the tool before I was injured?
If you removed a safety guard or altered the tool's power source, the manufacturer will argue that your modification caused the injury. However, if the tool was still unreasonably dangerous even before the modification, you might still have a case.
Can an independent contractor file a third-party claim?
Yes! Since independent contractors are generally excluded from Rhode Island's workers' compensation system, a third-party lawsuit against the equipment manufacturer or the general contractor is often your only avenue for financial recovery.
Do I need to keep the broken tool?
Yes. The damaged saw, scaffold, or nail gun is critical physical evidence. Attorneys typically take immediate measures to preserve and secure the equipment in its unaltered condition before an employer or job site contractor repairs or discards it.
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