When and How to File an Industrial Equipment Defect Lawsuit in 2024
Have you or your loved one been hurt by defective industrial machinery? If so, filing an industrial equipment defect lawsuit could help you get fair compensation for the injuries and losses you suffered. More than 400 workers are killed on the job each year in the construction industry alone because of defective equipment. If you believe faulty equipment caused your injury, contact a defective machinery attorney as soon as you can.
Defective product lawsuits are based on a malfunctioning or broken product. Manufacturers should only develop products that are safe for their users. The same goes for sellers of products, who have the duty to adequately warn their users of possible dangers.
Filing defective product lawsuits helps protect your employees and consumers who get hurt while using the malfunctioning machine. Victims can bring a claim for a fair industrial equipment defect lawsuit settlement.
Types of industrial equipment
Some common machines that could cause industrial equipment defect injuries:
- Dump Trucks.
- Drill presses.
- Power tools.
- Cutting machines.
- Power tools.
- Powerpoint tools.
- Cutting machines.
- Folding machines.
- Plastic injection equipment.
- Wedding industries.
- Welding injuries.
- Packaging machines.
- Skid Steers.
Compensation for machine defect accident
You might be eligible for industrial equipment defect lawsuit compensation if you suffered on-the-job machine injuries. Unfortunately, the process of obtaining the proper worker’s compensation can be complicated. However, by filing a claim against the manufacturer you could get prompt medical care and income replacement during the recovery stage.
Contact a defective machinery attorney to help you know the procedures to file an initial claim or refile a denied claim. In addition, workplace machine malfunctioning accident attorneys will help you preserve evidence and witness testimonies to help strengthen your claim.
Industries where machine defects accidents happen frequently include:
Types of defective machinery lawsuits
To win a defective machinery Lawsuit settlement, your claim must first be based on defective manufacturing, defective design or failure to warn its users.
A defect in manufacturing happens when the manufacturer fails to spot that a product was broken before approving or clearing it for sale. As a result, the product departs from its intended design. Defective manufacturing can lead to serious injuries and fatalities.
Examples of defective manufacturing include an airbag that fails to deploy or furniture whose legs have not been properly fastened.
Every manufacturer has a duty to ensure quality and safety.
If you’re hurt as a result of an improperly manufactured machine, you may have a defective industrial equipment lawsuit based on faulty manufacturing. Every manufacturer should have a quality control team to assure quality and safety in all their products. Products that are unsafe to use or consume should not be available for sale. After all, consumers surrender their hard-earned money to take advantage of the machine’s functions. They are not expected to spot the defects or test the machine’s safety for themselves.
If you or a loved one suffered an injury due to a production defect, it’s best to speak with defective machinery lawyers to see if you have a valid case under strict liability laws.
A manufacturer should design products that are not only useful but also safe to use. Even if it is not intentional, a poorly designed product can make the manufacturer liable under product liability laws. A bad product design that causes suffering can give rise to your right to file a defective industrial equipment lawsuit.
For instance, a machine’s electric wires melting when the machine is turned on can cause not only inconvenience to the user but also incredible safety risks. Another example is when a rocking chair topples or slides backward.
How to detect a defective design
A design is defective if the product is unsafe for use or it does not meet the standards it was intended to meet. A design may not be necessarily faulty even if it has outdated technology. It is also wrong to assume that a design is defective just because it does not work as efficiently as you expect it. Generally, there is a flawed design if the product did not follow the mandatory standards, rules, or regulations it should have followed at the time it was manufactured.
Note that if the product’s seller marketed the product to function in such a way, but it does not, the marketer may also be held liable for false advertising.
We recommend speaking with a trusted defective machinery attorney who can review the facts of your case. Contact Ethen Ostroff Law to discuss a possible product liability case against the manufacturer and the marketer.
A manufacturer, seller, marketer, or designer of a product is required to inform its users of how to use the product. They should also be able to notify the public about who should not use the product (for example, pregnant women, children under 7 years old, those with heart ailments, etc.). They should also inform everyone of the risks that come with using or consuming the product.
Who has a duty to adequately warn users?
If a product that makes itself available to the general public does not adequately warn users or consumers, the manufacturer, seller, marketer, and designer can all be held liable under product liability laws. Moreover, a manufacturer should include instructions regarding the product. A marketer should not market the product other than its intended use and functions. A designer should inform about the product’s limitations. Finally, a seller should only sell the product to those intended.
Ethen Ostroff Law provides a reliable platform to help you get fair compensation by filing a defective industrial equipment lawsuit. Contact us at 610-510-8883 to discuss your case today. If your claim has been denied, we can help you determine what went wrong in your claim and assist you in re-filing it if you are still within the statute of limitations. Call us today for a Free Consultation.