What began as an ordinary workday at a construction site quickly spiraled into tragedy when heavy machinery malfunctioned, forever changing the life of an unsuspecting laborer. Thanks to the determined efforts of Cronauer Law and our co-counsel Clark Fountain, justice prevailed, resulting in a $1.5 million confidential settlement.
The Incident: Unexpected and Catastrophic
The incident occurred during routine grading work. Our client was standing safely near construction equipment operated by a trained and experienced coworker. Without warning or operator action, the machinery suddenly accelerated, pinning our client against a masonry wall. Emergency responders found him severely injured, his leg nearly severed by the impact.
Paramedics swiftly stabilized him, applied a life-saving tourniquet, and rushed him to the hospital for emergency surgery. Though doctors managed to save his leg, his journey toward recovery had only just begun.
Life-Altering Injuries and the Long Road to Recovery
The injuries our client sustained were catastrophic, resulting in multiple surgeries, prolonged physical therapy, and persistent complications like infection, nonunion fractures, and nerve damage. Beyond physical injuries, he experienced severe emotional trauma, diagnosed with PTSD, anxiety, and depression. Luckily he hade a good physical recovery and returned to work part-time.
Uncovering the Truth: Understanding Product Liability
At its core, this case is a stark example of product liability—an area of law holding manufacturers accountable when defective or inherently dangerous products harm consumers. Product liability claims typically involve defects in design, manufacturing, or failures to provide adequate warnings or instructions.
In this case, our investigation revealed that the skid steer’s joystick control system contained a dangerous design defect. Specifically, vibration-induced wear, known as “fretting,” compromised the electrical connections within the joystick, sending false operational signals and causing unintended equipment movement.
Under product liability law, manufacturers have a responsibility to ensure their products are reasonably safe and free from dangerous defects. If a defect is discovered, they must provide adequate warnings or recall the product to prevent harm. In this instance, internal documents revealed that the manufacturer knew of the defect and had explored safer alternatives—such as gold-plated pins to prevent signal disruptions—but failed to implement these solutions.
Liability in Product Defect Cases
A successful product liability claim must generally establish:
- Defect Existence: Proof that the product had an unsafe defect.
- Causation: Evidence the defect directly caused the injury.
- Damages: Documentation of actual harm or loss suffered by the injured party.
Our legal team, together with Clark Fountain, gathered compelling evidence including expert analysis, testimony, and internal documentation confirming all three elements. This robust case ultimately led to a favorable resolution without the need for trial.
Securing Justice: A $1.5 Million Settlement
The complexity of the litigation and persistent resistance from manufacturers extended the process, but steadfast representation led to a resolution. Shortly before mediation, a $1.5 million settlement was secured. While no compensation can fully restore our client’s lost health and quality of life, this settlement represents meaningful accountability and justice.
The Broader Impact
Confidential settlements in product liability cases often keep dangerous defects hidden from public scrutiny. Nevertheless, such cases highlight critical consumer protection mechanisms embedded in our legal system. They remind manufacturers that safety must always take precedence over profit margins.
If you or someone you love has suffered injuries due to a defective product, understanding your legal rights can be transformative. Product liability laws exist precisely to offer a pathway to justice and compensation.
Committed to Your Justice
Cronauer Law, in collaboration with Clark Fountain, remains committed to protecting and empowering those injured by defective products. If you’re facing similar challenges, let our experience and dedication guide your path to justice.
