Liability for Injuries Caused by Defective Machinery and Equipment
Workers in construction, manufacturing, factory, and related industries work with high-powered machinery and equipment on a regular basis. Even though these machines and equipment must meet the strict standards laid out by the Occupational Safety and Health Administration (OSHA), construction accidents can still occur. At Golitko & Daly, our attorneys can represent victims of defective workplace machinery and industrial equipment in the Indianapolis, IN area.
Common Industrial Equipment and Machinery Defects
There are so many different machines and pieces of equipment used in construction and similar fields. When equipment is defective, it can cause serious injury to workers. Some of the most common defects that exist among these machines include:
- Inadequate or nonexistent safety guards and shields
- Defective power and emergency switches
- Defective wiring
- Insufficient directions and safety warnings
Injuries Caused by Defective Equipment
Defective equipment can cause severe injuries that have long-term consequences for the victim. These serious injuries may include:
- Deep lacerations
- Severe burns
- Head, neck, or back injuries
These injuries can cause permanent damage, leaving the victim disabled and unable to work. In the most severe of cases, these injuries can result in death.
Liability for Injuries from Defective Workplace Machinery and Industrial Equipment
Any worker that is injured on the job for any reason is generally eligible for workers’ compensation. If the injury was the result of a defect in the machine or equipment, however, the victim may also file a product liability claim.
Workers’ compensation covers your medical expenses and a percentage of your wages lost while you are out of work due to an injury. The only thing you must prove to qualify for workers’ compensation is that the injury took place on the job. These benefits will not, however, fully compensate you for your lost wages, nor will they compensate you for your pain and suffering caused by your accident.
Product Liability Claims
If your injury was caused by a defect in the equipment or machine you were using, you can file a product liability claim. To do so, we must prove that the equipment was defectively designed, manufactured, or marketed.
- Defective Design: This type of defect is present from the initial design stages and may include defects such as a lack of safety guards or a poorly placed safety guard.
- Defective Manufacturing: These defects occur in the manufacturing process and may affect a single item out of an entire batch of products. Manufacturing defects may include the failure to place a safety guard that exists in the design.
- Marketing Defects: When a manufacturer fails to provide adequate instructions and safety warnings with products, these are referred to as marketing defects.
In a product liability claim, our attorneys will help you prove one of the above defects existed and hold the designer or manufacturer liable for your injuries. Through this type of claim, you can recover full compensation for your medical expenses and lost income, in addition to pain and suffering.
Recover Compensation for Your Injuries
If you suffered an injury caused by a defective machine or piece of equipment, contact us today to discuss your options for compensation.