People working in high-risk industries such as manufacturing and construction are more prone to sustaining a workplace injury due to the types of machinery and equipment they come in contact with every day. Typically, workers who are injured on the job can file a workers’ compensation claim to obtain payment for lost wages and medical bills. However, workers may also be able to pursue a claim outside of the workers’ compensation system if their injuries were the result of defective machinery or equipment they used as part of their jobs.
Product Liability Claim
Product manufacturers have a duty to make products that are reasonably safe for the people who use them. When a manufacturer makes a product available that was designed or manufactured defectively, that manufacturer can be held liable in a product liability claim. A product liability claim will generally fall under one or more of three categories:
- Defective Design—the defect comes at the design stage of the product and can involve things like a failure to install a safety shield
- Manufacturing Defect—the defect comes at the time the product is manufactured and may affect a single item in a batch of products.
- Marketing Defects—when a manufacturer fails to include adequate safety warning and instructions with a product
Unlike in a workers’ compensation claim, a worker may be entitled to damages for pain and suffering in a product liability claim.
Types of Equipment Involved in Injuries
Large, heavy machinery is frequently the culprit in workplace accidents, but injuries can be caused by something as small as a nail gun. Some of the most common types of equipment involved in an accident include:
- Punch presses or fabrication machinery
- Conveyor belts and rollers systems
- Defective ladders
- Defective Scaffolding
- Defective Cranes
- Power tools
Common Machinery and Equipment Defects
There are many different types of machinery and equipment used in the workplace. Some common defects that occur include:
- Nonexistent or inadequate safety shields or guards
- Defective emergency and power switches
- Faulty wiring
- Insufficient safety warnings and directions
- Use of low-quality materials during manufacturing
- Rotating motions hazards
- Cutting and mechanical hazards
In a product liability claim, the preservation of evidence is crucial to the success of the case. Therefore, you should contact a personal injury attorney as soon as possible. At Bonina & Bonina, P.C., we have over 50 years of experience helping New Yorkers injured by defective products. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.