The Cooper Firm: Nationwide Product Liability & Wrongful Death Attorneys

Areas of Practice

Industrial Equipment Defect Cases

Defective industrial equipment is extremely dangerous, with the potential for catastrophic injuries and death to those in and around the work site. According to the U.S. Bureau of Labor Statistics, 4,764 fatal work injuries were recorded in the United States in 2020. Nearly half involved transportation and material moving occupations and construction and extraction occupations. These industries also accounted for a significant share of the year’s 2.7 million non-fatal workplace injuries.

Workplace Injuries Caused by Defective Industrial Equipment

Worker’s compensation is the only avenue of recovery available to an injured worker in many situations. An injured worker can recover their medical expenses and lost wages under their employer’s workers’ compensation insurance policy, but they cannot sue their employer for additional damages. 

Sometimes, however, a worker’s injury is caused by an equipment failure or machinery malfunction. In some cases, defects in the tool or device can make it unreasonably dangerous. Poor design can cause a defect or malfunction; in other cases, a component may be manufactured using faulty materials or in a way that cuts corners and results in an unsafe finished product. 

Federal and state safety requirements mandate that designers, manufacturers, and retailers of industrial equipment take reasonable measures to test and ensure the safety of the products and parts they sell. Failure to do so is negligence. The law also holds them strictly liable for producing an “unreasonably dangerous” product. An unreasonably dangerous product is characterized by having risks that an ordinary user would not reasonably expect when using the product as intended.

Recovering Damages in Industrial Equipment Lawsuits

Although injured employees generally cannot recover from their employers directly beyond filing a workers’ compensation claim, they may pursue legal action against other parties that contributed to causing their damages. In cases where a defective or unreasonably dangerous piece of industrial equipment caused an accident, an injured party may be able to file a lawsuit against the designer, manufacturer, or retailer.

The Cooper Firm fights for employees injured in accidents caused by faulty industrial equipment. For example:

  • In Gaddy v. Terex, our client was injured when a Terex XT boom failed during a tree-trimming operation. We identified several areas where Terex failed to meet safety standards when designing and manufacturing the boom, causing Terex to issue a safety recall of over 1,300 booms in 2016 due to using improper and unsafe materials. We negotiated a confidential settlement to help compensate our client for his permanent, life-changing injuries.

Workers are injured every day by industrial equipment that was negligently designed, defective, or malfunctioned. If you have been hurt on the job, our experienced team of attorneys can help. We will do what it takes to uncover the truth, recover the compensation you deserve for your injuries, and protect other workers from avoidable accidents. Contact the Cooper Firm today for a free consultation.

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