Who is Responsible for Defective Machinery?
Defective machinery can pose a significant risk for serious injury or wrongful death. A machine that is poorly designed, maintained or manufactured can cause great harm. Determining if a claim exists for defective machinery requires a personal injury attorney to investigate the facts of the injury and make decisions as to whether a viable claims exists. A personal injury attorney can find the relevant standards for the industry in which the machine was manufactured and also compare the machine to general workplace rules. For example, federal regulations require "All hand and power tools and similar equipment, whether furnished by the employer or the employee, shall be maintained in a safe condition." OSHA 1926.300
A person that is hurt at work by a defective machine may have more than just a claim for worker's compensation. In addition to worker's compensation, the person injured may have a claim directly against the manufacturer of the defective machinery.
If you have been injured due to defective machinery, take the time to contact a personal injury attorney. At Herrick & Hart, we have been on the side of the injured for over 70 years.