Defective Machinery in Texas Personal Injury Cases

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

Who is Liable for Defective Machinery in Texas?

Establishing liability and negligence will be one of your personal injury lawyers’ most important tasks. Many parties could share fault for your injuries, depending on how your accident occurred, what the defect in question was, and other factors.

Owners & Manufacturers

Often, when construction or oilfield accident equipment does not receive the proper maintenance, construction equipment owners can be held accountable. However, if there is an inherent defect in the machinery or equipment being used, you might have grounds for a claim against the machinery manufacturer, distributors, parts designers, and other third parties.

Employers & Supervisors

An employer might fail to make sure their employees follow protocols and regulations. Additionally, they may fail to provide employees with necessary safety equipment or training altogether. Your employer, the machinery operator, the construction site manager, your supervisor, and other employees could share responsibility for an accident depending on your case.

You can rely on your defective machinery personal injury attorney in Texas to thoroughly investigate the cause of your accident and identify each liable party. That way, you can have a greater opportunity to recover your losses in full, whether that be through an insurance claim or a civil lawsuit.

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

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

A Personal Injury Attorney Can Benefit You

Having an experienced Texas personal injury attorney working on your case can be a valuable asset. While you heal from your injuries, your attorney can handle all the legalities of your case, including:

Filing a claim for benefits
Identifying necessary liable parties
Collecting powerful supporting evidence
Updating you regularly
Being available for questions and concerns
Handling insurance claims
Negotiating with insurance adjusters
Quantifying economic and non-economic damages
Preparing to bring your case to trial

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 (210) 750-1019 or through our secure contact form to start working on your defective machinery claim as soon as today.