Birmingham Unsafe Industrial Equipment Lawyers
If you or a loved one has suffered a serious injury related to defective industrial equipment, you need to contact an experienced Birmingham defective product attorney to help you recover the compensation you deserve.
Work in the industrial sector is tough, labor-intensive, and potentially dangerous. Every year, workers are injured or even killed on the job because of the nature of their work. Statistics from the U.S. Department of Labor and the Occupational Safety and Health Administration show that one in five worker deaths in 2018 were in the construction and industrial industry.
Defective equipment, parts, and machinery should not contribute to these statistics. The one thing that these workers should be able to count on is that the tools of their trade are reasonably safe to operate. Workers deserve to know that the tools they rely on can, in fact, be relied on.
That’s where the legal team at Farris, Riley & Pitt, LLP comes into play. We are a group of experienced product liability attorneys who take pride in protecting the rights of industrial workers and holding negligent companies accountable for putting defective products into the hands of hardworking employees. The sheer power and size of many of the pieces of equipment used in industrial work mean that injuries from defective products can be very serious, and sometimes fatal.
Cases involving defective industrial equipment can be complicated, and it takes an attorney well-versed in product liability law to help a client successfully navigate the legal system and recover damages for their expenses.
If you were hurt and a defective product is to blame, you may have a case. To find out more, contact Farris, Riley & Pitt, LLP today by calling (205) 324-1212 and scheduling your no-obligation, free consultation.
What Is Product Liability and How Is It Applied to the Industrial Industry?
Product liability laws are regulations that dictate how claims can be handled concerning defective products in the marketplace. These regulations give victims injured by defective products the means to be able to recover compensation through the court system. There are no blanket federal laws that cover product liability claims. It is up to individual states to determine the standards and regulations that govern product liability claims. In Alabama, that series of laws is known as the Alabama Extended Manufacturer’s Liability Doctrine or AEMLD.
The AEMLD stipulates that a victim injured by a defective product must make a case that the product reached them in its original, intended state without alteration. In addition, the victim must have suffered either an injury or property damage due to the product’s defective performance.
The courts will then examine the facts and consider whether the product meets the guidelines to be considered reasonably dangerous to the public, meaning that it would fail to meet the expectations of an ordinary consumer in terms of safety performance. The law also requires that a victim bring a claim based on any of the following:
- Breach of Warranty
- Strict Liability
Each of these theories of liability carries a set of standards that must apply to the circumstances of the case. An experienced attorney will be able to review the circumstances of the accident, review all the facts and evidence, and determine which theory of liability may apply to an individual case. An attorney will then be able to begin crafting a personalized and strategic case that demonstrates how the negligent parties are at fault, and what damages should be due to the victim.
Talking with an attorney as soon as possible after a defective product has caused an accident is crucial. The state of Alabama provides victims with a relatively short time frame for filing a legal claim. Individuals must file a lawsuit within two years of the date of injury. Failing to follow the statute of limitations means that the case can be dismissed and leave the victim with no recourse for seeking compensation.
Types of Product Liability Claims
For legal purposes, industrial equipment may be defective in three different ways. These three categories each address a specific aspect of the equipment that could lead to it being deemed defective under the law. If a piece of industrial equipment has one of the following flaws, you may be entitled to compensation for your resulting injuries:
- Manufacturing defect: A manufacturing defect is a flaw or weakness that impacts a particular part. This unintended flaw or mistake is typically the result of the way in which the part or piece of equipment was made. It may be the result of a mistake made on the production line and only impact a certain batch of industrial products. Manufacturing defects could make a part weaker than intended, or pieces of the product may be ill-fitting or irregular.
- Design defect: A design defect is a flaw in the concept of a piece of industrial equipment. The parts may be flawless, but the design of the product itself may make it reasonably unsafe to use or operate because of the risks it poses. While a manufacturing defect can be limited to certain batches of products, a design defect means that the entire product line based on the design will be flawed.
- Failure to warn: Failure to warn is a specific type of circumstance that refers to a products’ labeling. The product itself may not meet the guidelines for a manufacturing or a design defect, yet it can still be classified as a defective product because the manufacturer failed to warn that the use of the product may pose a safety risk. This type of defect is also sometimes referred to as a “marketing defect” because the flaw is based on the way the product is presented to the consumer.
Types of Equipment That Could Be Defective
Any type of defective product can cause a serious injury. However, the risks associated with heavy industrial equipment are even more significant. This is equipment that is supposed to be designed to handle rigorous work in tough environments. It is equipment that workers rely on to function safely and properly to get a job done. When that equipment is defective and fails, it can put life and limb on the line for industrial employees.
Some of the common types of equipment that can be defective includes:
- Power tools
- Welding tools
- Drills/ drill press
- Nail gun
- Die-casting machines
- Safety harnesses
Common Injuries From Defective Industrial Equipment
Industrial equipment failures can result in devastating and even life-altering injuries. The very nature of industrial equipment means that these products are supposed to be the workhorses of the industry. They are typically powerful and can sometimes be massive in scale. That means that when they are made or designed with serious flaws, the consequences to workers can be catastrophic.
Industrial accidents can cause scarring, disfigurement, and life-long health complications. These types of serious injuries may also mean that an employee is not able to return to work doing the job they once had. It is clear that industrial accidents from defective products have life-long implications for those injured.
Some of the more common types of injuries that can result from defective industrial equipment include:
- Smoke inhalation
- Fractured bones
- Brain injury
- Sprains and strains
- Torn ligaments
- Crushing injuries
- Organ damage
- Vision loss
- Hearing loss
Compensation for Defective Industrial Equipment Claims
Seeking compensation for a defective industrial equipment claim can be complicated. The liability for an accident involving defective equipment may fall on several different parties, and then filing a claim against them can become complex. The manufacturer or even the designer of the equipment may bear the ultimate responsibility, but holding a large organization like a manufacturer accountable can be difficult.
It takes a diligent and aggressive attorney to make sure the victim has a strong case that can withstand the scrutiny of a company’s high-powered legal team. A manufacturers’ aim is to keep their profits high and their expenses low. Since product liability cases can cost organizations serious money, they work hard to try and keep claims and payouts to a minimum.
When it comes to what type of compensation you may be able to recover, it will depend on the details of your case, as all defective industrial equipment claims are unique. The circumstances of the accident and the nature of the injuries involved can significantly impact the amount of damages that a victim may be able to recover.
Alabama also has rules in place that may impact the amount of compensation you are entitled to receive. The contributory negligence rule is one of those regulations. Alabama subscribes to what is known as the pure contributory negligence rule. This regulation states that if an individual is found to be in any way at fault for any portion of an accident, they are prohibited from recovering damages.
In essence, if a court determines that a victim’s actions played a role in causing the accident, they will be unable to recover damages for a product liability claim. That makes it especially important that you have an attorney on your side who can build a case that you were free from fault in your accident.
Contact an Experienced Alabama Product Liability Attorney Today
If you or a loved one has suffered a serious industrial accident due to a defective product or piece of equipment, contact the law firm of Farris, Riley & Pitt, LLP for help. Our experienced team of product liability attorneys will review your case, collect evidence, and build a strong case demonstrating why you deserve compensation for your injuries.
A company’s negligent actions shouldn’t end up costing you and your family. For more information about filing a compensation claim, contact the skilled team at Farris, Riley & Pitt, LLP. Call us today at (205) 324-1212 and schedule your no-obligation, free legal consultation.