Defective Machinery Lawyers
Personal Injury Lawyers - Representing People Nationwide
Industrial machinery is made up of moving parts such as reciprocating arms, rotating members, moving belts, cutting teeth and meshing gears. Contact with moving machine parts can be very hazardous to workers. And despite regulatory efforts designed to improve operator training and to protect those who work with and around these machines, mechanical equipment is involved in about 80% of industrial accident fatalities. Mechanical equipment accidents are the third leading cause of death and injury in the workplace.
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Many of the injuries were caused by defective machinery or equipment that was left improperly guarded, or during cleaning or maintenance work, when safety precautions are often disregarded. Other common causes of machinery accidents include:
Injuries resulting from machinery accidents are often severe, and can include disfigurement, loss of limb, internal injuries, burns, blindness and death. One of the challenges in machinery accident cases is that the injured worker may have to settle for workers compensation. And even if an employer can be shown to have been negligent, some states only allow third-party lawsuits against the manufacturer, supplier, installer etc. of the equipment involved in the accident. In most states, however, if you can show that the employer knew the machinery was defective and did nothing about it, a lawsuit may proceed against the employer as well.
Defective product cases in general involve a large and complex body of case law. Circumstances surrounding defective machinery cases and the specialized knowledge that may need to be introduced add another level of complexity. If you or a loved one has suffered an injury or death involving defective machinery or equipment, it may be in your interest to consult with an experienced defective machinery lawyer.
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- Machine is poorly designed or lacks safety features such as a shield to protect workers from moving parts
- Machine emits toxic fumes or chemicals without a proper shield to prevent leaks or splashes
- Machine lacks inadequate systems to shut down in the event of an accident or malfunction
- Machine’s maintenance schedule has not been followed (usually in an attempt to save costs)
- Machine is “past its prime” and should be replaced
- Poorly considered operational systems