Industrial machinery already has inherent hazards without design flaws adding to the level of risk. Large and heavy equipment, lots of moving pieces, and a great deal of force exerted in operation make industrial machinery dangerous by nature. Design flaws, however, can make machinery even more threatening to workers’ lives. If you believe the machine that caused your injuries has a flaw in its design that makes it unreasonably dangerous, contact a lawyer at the
Law Firm of Aaron A. Herbert, P.C. You may have grounds for a product liability claim.
How We Can Help
A workplace injury can be severe in any industry. However, construction, manufacturing, assembly, and oil and gas are America’s most dangerous industries for workers. These industries use heavy machinery that can pose great health and safety risks to workers. If you suffered a catastrophic injury or lost a loved one, you need a lawyer’s help with your claim. Otherwise, an insurance company may take advantage of you, and you may end up settling for less than you require. Our lawyers will stand by your side every step of the process.
What Are Design Flaws in Industrial Machinery?
Every manufacturer has a legal duty to ensure the reasonable safety of its products. This does not mean it is a manufacturer’s duty to make sure no one ever suffers an injury while using one of its products. Instead, a manufacturer must exercise a reasonable degree of care in designing, creating, and marketing its products, with the goal of preventing any foreseeable injuries. The failure to exercise this standard of care could place liability for accidents with the manufacturer.
A design flaw is one of three main types of product defects. The other two are manufacturer defects and marketing mistakes. A design flaw is a mistake in the overall design of machinery, such as designing a conveyor belt with inadequate safety guards or a trash compactor with an inaccessible shutoff switch. With a design flaw, the machinery will be unreasonably dangerous for consumers even if manufacturers create it according to the correct specifications.
Machinery manufacturers should test their items to detect dangerous design flaws and make changes as necessary. If the manufacturer knows of a design flaw, it is the company’s legal responsibility to include adequate warnings regarding the issue. Failure to warn consumers of a known flaw, resulting in preventable injuries or deaths, is negligence. A manufacturer may be liable for a design flaw in certain situations.
Elements of a Product Liability Claim
A Texas workers’ compensation claim may not result in great enough financial relief to make up for your losses. Not all employers in Texas have to carry workers’ compensation insurance. Even if your employer does have workers’ comp, it will only cover medical bills, disability costs, and two-thirds of your gross weekly wages. A product liability claim against the manufacturer, however, could cover 100% of your lost wages, as well as offer the possibility of punitive damages and pain and suffering compensation.
If you or your lawyer can prove that the machinery contained a design flaw and that the equipment caused your injuries, you may have grounds for a product liability lawsuit. You will not have to prove the manufacturer’s negligence to receive a settlement or verdict. Texas laws hold a manufacturer strictly liable for consumer injuries that stem from design flaws or other defects.
What to Do After a Machinery Accident
If you or a loved one suffered serious injuries due to a design flaw in industrial machinery,
contact the Law Firm of Aaron A. Herbert, P.C. We can return to the scene of your accident, inspect the machine, and gather any available evidence of a design flaw. We can then take care of the claims process on your behalf. You may be eligible for a recovery award. Call (855) 655-HURT for a free case review in the Dallas/Fort Worth area.
