Defective machinery can turn an otherwise safe working environment into a danger zone for employees. Industrial machinery with design, manufacturing, or marketing defects may not operate as the manufacturer intended. This can lead to preventable worker injuries and deaths. If you or someone you love has been in an accident involving defective machinery in the Dallas/Fort Worth area, contact the Law Firm of Aaron A. Herbert, P.C. for a free injury consultation. You could have a case against the product manufacturer.
When to Contact an Attorney
Aaron A. Herbert and his associates have significant experience handling all types of industrial machinery accident claims in Texas. We can investigate your accident, identify any at-fault parties, and help you file the appropriate claim within the deadline. If the equipment that caused your injuries does contain a defect, we can help you file a product liability lawsuit against the manufacturer in pursuit of damages. Contact an attorney as soon as you can after suffering a serious injury or losing a loved one because of a machinery malfunction.
Types of Machinery Defects
Heavy machinery is dangerous even when it is operating as the manufacturer intended. When the equipment contains a defect, it can prove even more difficult to operate safely, due to unpredictable problems and mishaps. Industrial machinery could contain many types of defects, from missing machinery guards to faulty electrical wires. Most defects, however, will fall into one of three main categories.
- Design error. A design error is a mistake the creator of the equipment makes during the design phase of the project. Design errors could lead to machinery with inherent flaws that make it unreasonably dangerous.
- Manufacturing mistake. A manufacturing mistake means the machinery had a safe design, but something went wrong during manufacturing that led to a safety hazard.
- Marketing blunder. Almost all heavy machinery requires warning labels to protect workers from hazards they may not otherwise realize. Failure to include adequate warnings on machines could be deadly.
When an unsuspecting worker suffers a life-changing injury on the job, his or her first question is often, “How did this happen?” If the answer is a defective piece of machinery, the victim or his or her family may have grounds for a claim against the manufacturer.
How to File a Product Liability Claim
Texas product liability laws give consumers the power to file civil claims against product manufacturers and distributors if defective products cause personal injuries or wrongful death. As an injured worker, you may not know what type of claim to file. If your employer has workers’ compensation insurance, this may be your first course of action. A workers’ comp claim, however, will not cover 100% of your damages. If you have reason to believe defective machinery caused your injuries, you could receive more compensation through a product liability lawsuit.
During a product liability claim in Texas, you or your lawyer will only have to prove that the equipment contained a defect and caused your injuries. You will not have to prove that the manufacturer was negligent or at fault. Strict liability laws make defective product claims easier to win than most other civil claim types. The burden of proof is still difficult to bear, however, and generally requires representation from an attorney. You have 15 years from the date of the product’s purchase to file a product liability lawsuit in Texas.
Contact an Attorney for Help Today
Defective cranes, forklifts, conveyor belts, hoists, vehicles, metalworking tools, and other industrial machinery can make significant worker injuries inevitable. You may have the right to seek damages from the machine’s manufacturer. A lawyer can help you prove the existence of a machinery defect and fight for fair compensation. Contact our firm today for more information about your case.