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Defective Machinery

Defective Machinery in Texas Personal Injury Cases

Construction workers and those in other specialized industries must handle complex machinery. They trust that manufacturers and maintenance workers have done their due diligence to ensure this machinery is safe to use. While this is the expectation, workers are injured or killed every year because of defective machinery.

If you’ve suffered from injuries due to defective machinery, an experienced Texas personal injury attorney could help you recover total compensation. 

Schedule your free consultation with Kemmy Law Firm by contacting us online or calling our office at (830) 264-6297.

We Know the Stakes Trust Us To Make a Meaningful Difference

All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.

  • $20 MILLION Oil and gas case involving significant economic harm
  • $19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
  • $13.5 MILLION Jury Verdict Patient paralyzed after nurses failed to tell a doctor about a change in condition
  • $8 MILLION Young college student suffers brain injury from negligent conduct
  • $7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
  • $6.2 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall

When is Machinery Defective?

According to the Occupational Safety and Health Administration, machinery could be labeled defective if there is any evidence of damage that might expose an employee to injury.

  • Types of Machinery That Could Become Defective

    Any type of machinery could become defective. However, the most common types include but are not limited to the following:

    • Cutting machines
    • Scaffolds
    • Punch presses
    • Drying ovens
    • Welding equipment
    • Lathes
    • Turning machines
    • Scissor lifts
    • Folding machines
    • Forklifts
    • Bulldozers
    • Cranes
    • Tractors
    • Nail guns
    • Dump trucks
    • Drills
    • Table saws
    • Conveyor belts

    Even if you were following the necessary safety protocols and procedures, you may be at risk for severe or critical injuries if the equipment or machinery you are using is defective.

  • What Kind of Defects Can there Be?

    The types of defects construction machinery may vary depending on the type of equipment, the parts used to build the equipment, and more. Examples of these defects include:

    • Corrosion
    • Defective design
    • Inadequate training on machinery
    • Poor welding
    • Lack of safety inspections
    • Inadequate labeling
    • Failure to include warnings
    • Breach of warranty
    • Manufacturing defects
  • Tips to Protect Yourself from Defective Machinery Injuries

    Factory, construction, and oilfield work is dangerous, and the risk of defective equipment is always there. It is important to take steps to protect yourself and prevent these accidents wherever possible. You can do so by:

    • Following necessary safety protocols and procedures
    • Knowing where emergency shut-off switches are
    • Wearing necessary protective equipment
    • Handling material, equipment, and machinery with care

What Kind of Damage Can Defective Machinery Cause?

The injuries defective machinery cause are catastrophic. Those who do not succumb to fatal injuries may deal with crushed appendages, spinal cord injuries, back injuries, traumatic brain damage, and more. Other types of injuries frequently seen in defective machinery personal injury claims include:

  • Burn injuries
  • Compound fractures
  • Deep lacerations
  • Loss of limbs
  • Vision or hearing loss
  • Head trauma
  • Loss of fingers
  • Permanent disfigurement
  • Post-traumatic stress disorder (PTSD)
  • Organ failure and internal bleeding
    "They made a significant recovery for me."

    My husband was injured in a workplace accident in 2022. The first law firm he went to looked at his case and turned it down. he had all but decided to give up when he called the Kemmy's. They took his case and ran with it. In the end, they made a significant recovery for me. I highly recommend the Kemmy Law Firm.

    - Anna O.
    "Very easy to talk to, sincerely cared about my situation."
    I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!
    - Holly O.
    "This law firm is professional, diligent and cares about their client."
    This law firm is professional, diligent and cares about their client. They were able to settle our suit at the first round of mediation. We were well informed about the process and knew what to expect. The staff kept us informed and responded in a timely fashion to all correspondence.
    - Cynthia G.
    "You could not hire a better attorneys than the Kemmy's."

    My husband was involved in an industrial accident & we hired the Kemmy law firm to represent him with that case. You could not hire a better attorneys than the Kemmy's. They went above & beyond to help him get what he deserved. If you are searching for a lawyer in Texas you need to hire them!!!

    - Colleen B.
    We Know the Stakes The Kemmy Experience

    All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.

    How to Recover Compensation for Your Damages

    There are also multiple ways to recover compensation for your losses, including the following:

    • Filing a claim for workers’ compensation benefits, which will cover medical bills, a portion of your lost wages, and vocational rehabilitation benefits
    • Filing a non-subscriber claim if your employer does not opt into the Texas workers’ comp insurance program
    • Pursuing a third-party liability lawsuit, which allows you to seek compensation for your economic damages and non-economic damages in their entirety
    • Meet a Former Client

    What Kind of Damages Can You Recover?

    The types of damages you have the right to recover depend on how your injuries have impacted your life. Examples of the damages that may be recovered after a defective machinery accident include:

    • Pain and suffering
    • Physical limitations
    • Other medical expenses
    • Future medical care
    • Diminished earning capacity
    • Skin scarring
    • Inconvenience
    • Professional reputational damage
    • Emotional distress
    • Lost wages
    • Loss of employee benefits
    • Property damages
    • Loss of consortium
    • Reduced quality of life
    Continue Reading Read Less

    Get Help with Your Defective Machinery Injury Case

    There are many potential liable parties involved in defective machinery claims. A skilled personal injury attorney could help identify those involved in your case and ensure they are brought to justice. Do not hesitate to contact a respected Texas personal injury lawyer at Kemmy Law Firm for a no-cost, risk-free consultation.

    You can find out more about who could be sued for your damages and how much your case could be worth when you contact our office to discuss the specific details of your claim. Reach us by phone at (830) 264-6297 or through our secure contact form to start working on your defective machinery claim as soon as today.

    Let Our Family Protect Yours

    When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience.

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