Virtually every industrial and construction-based workplace requires consistent maintenance. When maintenance technicians and other employees fail to perform required maintenance on work vehicles, equipment, tools, and workplace facilities, or when an employer fails to develop and maintain clear workplace maintenance policies, employees could suffer severe or even fatal injuries.
If you or a loved one recently suffered injuries in the Dallas-Fort Worth area due to poor maintenance in the workplace, the Law Firm of Aaron A. Herbert, P.C. can help you determine your options for legal recourse. Contact us today to schedule a free consultation.
How Can an Attorney Help?
If poor maintenance caused your injuries, the party responsible for performing maintenance on the injury-causing element faces liability for your damages. Your attorney will review the evidence and conduct a thorough investigation to determine the liable party or parties in your claim. An attorney can also help you navigate the workers’ compensation claims process if your employer has workers’ compensation insurance. Your attorney can advocate on your behalf with insurance carriers and even help you prepare for trial if necessary.
How Can Poor Maintenance Cause an Injury?
Poor maintenance lawsuits arise from several causes. First, poor maintenance of work-related vehicles can easily cause severe injuries. Heavy-duty vehicles used in industrial settings and construction sites typically handle high-stress workloads and require maintenance on a regular basis. Poor maintenance can lead to dangerous equipment failure on the job, endangering everyone in the area.
A poor maintenance lawsuit may also arise from a premises liability claim. All business owners must ensure their premises are safe and functional for employees, customers, and partners who use the premises. An employer is responsible for the upkeep and maintenance of a workplace, so liability for an accident resulting from an unmarked wet floor, ineffective structural repair, or other safety hazards would likely fall to the employer.
Proving Liability for a Poor Maintenance Claim
The plaintiff in a poor maintenance claim must identify the party responsible for his or her damages and then provide proof of the extent of those damages. The plaintiff’s attorney may call upon expert witnesses to provide professional insights into a claim and help establish a defendant’s liability for the plaintiff’s damages. The plaintiff’s attorney must also prove causation, or that the plaintiff’s injuries only occurred due to the defendant’s negligence.
Liability may fall to an employer if the employer had a responsibility to ensure appropriate maintenance, or it could fall to a third party responsible for maintenance such as a service provider or contractor. Some cases may implicate multiple parties as sharing liability for a plaintiff’s damages. If multiple parties bear liability for a poor maintenance claim, they each pay a portion of the plaintiff’s damages equal to their fault percentages for causing those damages.
Damages and Compensation for Poor Maintenance Claims
Poor maintenance can easily lead to very serious injuries in the workplace. An employee could suffer bone fractures, spinal injuries, or a traumatic brain injury from ineffective workplace maintenance or negligent maintenance practices. These injuries are not only painful, but may also require extensive recovery time during which injured employees will be unable to work, placing financial strain on their families.
The attorneys at the Law Firm of Aaron A. Herbert understand how devastating workplace injuries can be and they can be especially frustrating when they result from poor maintenance. We want to help you and your family recover after such an accident, so contact us today to schedule a free case evaluation. Once we have the details of your situation, we can help you better understand your legal options for your poor maintenance claims.