Defective Industrial Equipment
Every day Texas workers are injured on the job. While many of these injuries are the result of unintentional accidents, or the negligence of someone else on the jobsite, serious injuries can be the result of heavy equipment accidents. Examples of industrial equipment failures and resulting injuries include:
- Faulty or missing safety guards resulting in amputation of fingers or hands
- Defective pipeline parts causing explosions, burns and worker deaths
- Electrical equipment that lacks proper insulation that overheats and catches fire, causing burns
- Faulty wiring that causes electrocution
- Faulty containment equipment that allows toxic chemicals to leak causing chemical burns, lung damage, or death
- Equipment whose emergency shut-off feature fails
- Defective parts on trucks and large equipment causing or contributing to trucking accidents
If you were injured, or a loved one died as a result of a work-related accident that you believe was caused by defective equipment, call a product liability attorney at 877-Ted-Lyon / 877-833-5966 for a free initial consultation.
With more than 50 years of experience handling product liability cases, our lawyers have built an impressive record of success in trial court and in negotiations. We’ve brought cases against some of the most recognized names in American industry. We are relentless when fighting for our client’s right to compensation.
Proving an Industrial Equipment Defect
To bring a successful heavy equipment accident claim to court, your attorney will need to prove that:
- The equipment manufacturer designed, manufactured, and sold a dangerous or defective product, and
- The equipment manufacturer failed to include a warning to buyers and users about known or likely dangers in the use of the product (this is called defective marketing), and/or
- The equipment manufacturer failed to minimize those dangers by including adequate safety features.
- The company and employee used it properly and with reasonable care, but the equipment still failed.
- The worker was injured because of the product defect.
Investigating why a piece of equipment broke or failed is the first step. The Law Firm of Ted B. Lyon & Associates has brought many product liability cases to court. We have the resources to work with engineers and safety experts to help us determine the cause of equipment safety failures.
Manufacturers are financially liable for design defects and manufacturing defects. They are also responsible for negligence in testing the safety of equipment. But once a piece of equipment leaves the manufacturer, the business that buys the equipment may share in the responsibility of equipment breakdowns.
All equipment breaks down from wear and tear, as well as from misuse. If an employer fails to maintain equipment or knowingly continues to use defective equipment despite the risks, then the employer may be held financially liable. If the employer makes “temporary” repairs that don’t adequately fix the problem, they can be held liable.
If the employee who was injured by the equipment was responsible for maintenance, they may have a share of the blame as well.
Does Workers’ Compensation Affect Your Financial Recovery?
An injury claim becomes increasingly complex when there are multiple responsible parties. Workers’ compensation may or may not be a factor in your case. Ask your lawyer about the types of financial recovery available to you.
Call a Heavy Equipment Accident Lawyer
To schedule a free initial consultation, call The Law Firm of Ted B. Lyon & Associates at 877-Ted-Lyon / 877-833-5966 or contact us online. We handle product liability cases on a contingency fee basis. That means we only earn a legal fee if we win your case. Home and hospital consultations are available if you are unable to visit our office.
Our firm has been recognized in many ways over the years, including selection to the Super Lawyers list and an AV Preeminent Rating* in Martindale-Hubbell’s peer review rating system.
*AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and ethical standards.