Many Fresno employees work with heavy-duty machines and other industrial equipment while on the job. Unfortunately, not all machinery is safe and free of defects. Dangerous products can cause severe injuries, leading to financial hardship and emotional trauma. If you are injured in a defective machinery accident, the attorneys at Freedman Law can help. Our defective machinery injury attorneys in Fresno can fight for your right to compensation and hold the manufacturer accountable for its dangerous product.
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Why Seek Assistance With a Defective Machinery Claim?
How a Defective Machinery Injury Attorney Can Help
What Are the Dangers of Defective Machinery?
Liability for Defective Machinery Incidents
Proving a Defective Machinery Injury Case
What Damages Can I Recover?
Speak to a Fresno Defective Machinery Injury Lawyer Today
After a defective machinery injury, victims have the right to bring a product liability lawsuit. To build a successful product liability case and hold another party accountable, the next step is proving that you were injured as the direct result of the machinery being defective. Doing so can be extremely complex, and you must have the resources to collect the necessary evidence and a full understanding of California product liability laws. An experienced product liability lawyer will know how to navigate and guide you through your claim. They will:
If your lawyer is working for you on a contingency fee basis, they will also take care of any upfront costs related to pursuing your case, so there is no out-of-pocket risk to you.
Heavy machinery can be dangerous to operate on its own. When a machine contains a design, manufacturing, or instructional defect, serious harm and even death can occur. Common injuries inflicted by defective machinery include the following.
Manufacturers have a responsibility to ensure that their products are safe to use. If a product is defective in any way and harms a person, the manufacturer, distributor, and retailer may be liable for the victim’s injuries.
Under California product liability law, there are three main types of product defects.
In other cases, a machine’s defective condition may be caused by poor maintenance. Employers have a responsibility to conduct machine and equipment safety inspections, and to repair or replace defective machines. If an employer knowingly uses unsafe, old, broken, or malfunctioning equipment, he or she could be liable for any injuries that occur.
It can be difficult to know whether your injury was caused by a defective machine or someone else’s negligence. In these situations, an attorney from Freedman Law can evaluate your claim and help you understand your options for compensation. Our firm will leverage our resources to conduct a full investigation into your accident and identify the machinery’s defect.
Most defective machinery claims are based on strict liability. The reason is that you do not have to prove the at-fault party was negligent, and they can be liable for a defective product regardless of their intent. Under strict liability law, a manufacturer, distributor, seller, etc. can be held liable if you can provide evidence that:
Proving the piece of machinery that caused your injury was defective is typically the toughest element of a strict product liability lawsuit. A product is considered defective if it is not safe for its intended use. The evidence you must produce to prove its flawed nature and hold the at-fault party accountable will vary based on the type of defect you are alleging (e.g., manufacturing, design, or marketing defect).
For example, in a design defect case, the court may conduct a risk-utility analysis when deciding whether the product was unsafe. A risk-utility test is essentially a cost-benefit analysis, which can prove that the risk of using a product is outweighed by its intended use. In manufacturing defect cases, there must be evidence that the defect was present before the machinery left the manufacturer’s control. In failure to warn or marketing defect cases, the evidence must prove that the machinery had no warning or that the warning was inadequate, which led to your harm.
Damages for injuries related to defective machinery generally fall into the following categories:
Medical Bills and Expenses
This includes the costs for any emergency services, hospital stays, surgeries, doctor’s visits, physical and occupational therapy, medication, medical equipment, etc., and any future treatment.
Any income and benefits lost due to missing work because of your injuries, and will lose in the future while you recover. Diminished earning capacity may also be available if your injury requires you to work fewer hours or in a job with lower pay than your previous position.
Reimbursement for the repair or replacement of any personal items or property destroyed by the defective machinery. For example, your clothing, cellphone, etc.
Pain and Suffering
Compensation for the pain caused by your injuries, any resulting psychological conditions, the loss of the ability to participate in and enjoy activities you used to engage in, and more.
Are you recovering from a defective machinery accident in Fresno? The lawyers from Freedman Law can help. We invite you to contact us online or call 559-447-9000 to schedule your consultation with a Fresno defective machinery injury attorney.