Workplace injuries from defective equipment, machinery
Individuals working in high-risk industries such as manufacturing, construction, warehouse and factory settings typically have a higher risk of sustaining a work-related injury because of the type of machinery, equipment and products that they use or come in contact with on a daily basis.
Typically, those injured on the job can seek workers' compensation benefits to pay for their medical bills and lost wages, for instance, if they cannot work. They are typically restricted from going outside the system to sue the employer.
However, individuals may be able to pursue a cause of action outside the workers' compensation system if their injuries were the result of defective machinery or equipment. This cause of action is called a product liability lawsuit.Understanding three different product liability lawsuits
There are three different types of product defects that can occur and give rise to a product liability cause of action. They involve a:
- Defect in the design of the product/equipment: This occurs when a piece of equipment or product was poorly designed and, as a result, caused injury. An example includes a manufacturer that failed to adequately design and implement a safeguard on a cutting machine utilized in a factory setting and that failure caused injury to an employee utilizing the machine.
- Defect in the manufacturing of the product/equipment: This occurs when a piece of equipment or a product was manufactured outside normal protocol and made differently than others found on marketplace shelves. A broken, sharp chain link that wasn't manufactured correctly, thereafter placed in the hands of consumers and subsequently caused injury is one such example.
- Defect in the marketing of the product/equipment: This occurs when the manufacturer of the product or equipment failed to adequately include dangers or warning instructions with the product and that failure caused injury because the consumer wasn't adequately warned. One instance includes a corrosive paint-removing chemical that was manufactured without adequate instructions for safe-handling. And, as a result, caused injury to a consumer who wasn't informed of the danger.
An individual may suffer a workplace injury as a result of any or all of these reasons. Consulting with an experienced product liability attorney is the first step to determine which applies to a person's specific situation. A lawyer knowledgeable in the intricate areas of this law can then offer advice on the best legal options available.