Maison Law represents victims injured by defective equipment while on the job in Bakersfield. If you or a loved one has suffered injuries due to unsafe or unregulated machinery at work, the Workers’ Compensation Attorneys at Maison Law can help you get the compensation you need. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Bakersfield Defective Equipment Workers’ Compensation Claim?
When most people think of defective equipment, they typically think of forklifts, cherry pickers, or jackhammers. But a defective tool can be something as simple as a hair dryer or an electric razor. The bottom line is that if any device people use in their everyday lives is defective, it can cause substantial injuries to those using it.
Under product liability law and OSHA law, workers in Bakersfield have the right to expect the machines and tools to be safe and free of harmful defects. When employers or equipment manufacturing companies fail their duty to prevent harm and you suffer injuries, you have the right to seek compensation for all of the damages you’ve been forced to endure through workers’ compensation and the party responsible for creating the defective equipment. The damages you can receive include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your injuries
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
An experienced Workers’ Compensation Attorney can help you obtain justice and secure compensation from the liable party, as well as workers’ compensation. If you’ve suffered injuries or any losses due to defective equipment, do not hesitate to reach out to the attorneys at Maison Law to discuss the details of your case.
Product Liability Claims VS Workers Compensation Claims
California recognizes strict product liability claims for defective equipment that are alleged to be:
- Sold with a manufacturing defect
- Defective in design
- Defective due to inadequate warnings or instructions
According to the California Supreme Court, any person whose injuries were reasonably foreseen may bring a product liability claim against a manufacturer or distributor. This is applicable in the case of Elmore v. Am Motors Corp (1969), which essentially states that a distributor is directly liable to anyone who is injured by their defective product because they’re responsible for making the product available to the general public. No direct relationship needs to exist between the liable and injured parties, so a plaintiff does not need to be the actual purchaser of the defective product to file a product liability claim.
If defective equipment at work caused your injury, you are not only entitled to file a product liability claim but a workers’ compensation claim. It is important to note that both claims are separate lawsuits, but they are both intended to compensate you for your work-related injury.
Who is Liable for Defective Equipment in Bakersfield?
Potentially liable defendants in a defective equipment lawsuit must fit specific requirements. The potential liable parties must be both:
- In the chain of distribution for the product. This includes:
- The manufacturer
- The wholesaler
- The distributor
- The retailer
- Engage in the business of marketing or distribution of the product
Any party involved in the chain of distribution of defective equipment can be held responsible for the injuries their product may cause. An injured victim, or plaintiff, can assert a product liability claim by proving any one of the potentially liable parties was a part of the chain of distribution. If the defective product was due to a defective component part, then manufacturers generally cannot be held liable for the harm caused by a component part if it was supplied by another company and used along with their product.
Employer Safety Responsibility Under OSHA Law to Prevent Defective Equipment Injury
According to OSHA, in 2020, unsafe, defective equipment was one of the top 10 reported workplace safety violations. Even though most employers ensure their workers’ safety through inspections and training, OSHA Law requires they adhere to the following:
- Providing a safe working environment, means they are tasked with adhering to all the regulations that govern the company’s work.
- Provide daily inspections of the workplaces that are prone to hazardous conditions to make sure they adhere to OSHA standards.
- Provide all employees with safety information. The employer should hang OSHA posters, labels, and other safety signs so that all employees have access to the information.
- Your employer needs to provide training so that employees can handle the daily tasks and are knowledgeable about how to deal with hazardous situations.
Oftentimes, defective equipment injuries are due to a violation of OSHA regulations. In California, you have the right to request an OSHA inspection of your workspace without the fear of employer discrimination. You can file a complaint with OSHA and request an inspection here.
Common Types of Equipment Defects in Bakersfield
All machines have the potential to be hazardous to users if they’re defective. However, some tend to be more dangerous than others. The majority of machine defect injuries tend to be the jobs that rely on machine work the most. According to the U.S. Bureau of Labor Statistics, logging, roofing, and construction are among the top 5 most hazardous industries for defective equipment. The most common defective machinery includes:
- Construction Equipment
- Conveyor belts
- Farm machinery and equipment
- Forklifts and warehouse machinery
- Landscaping tools and equipment
- Power tools
- Press machines
- Production line equipment
Common machinery defects that lead to injuries include:
- Faulty wiring
- Lack of improper safety warnings or instructions
- Machine overheating
- Inadequate safety devices such as guards or automatic shutoff switches
- Low-quality, or improper materials involved in the manufacturing process
Contact a Bakersfield Defective Equipment Workers’ Compensation Lawyer
Navigating a workers’ compensation claim for defective equipment can be a complex process, especially if you are fighting alone to get the benefits you’re entitled to. Going against workers’ compensation can feel a lot like swimming upstream, but it doesn’t have to be an arduous process. If you’ve suffered an on-the-job defective equipment injury in Bakersfield, do not hesitate to speak to one of our Workers’ Compensation Attorneys at Maison Law to get the professional, legal guidance you need to reach a successful settlement. Schedule your free consultation and case evaluation by contacting Maison Law today. There are no upfront charges for our services and you will not be charged a cent unless we win your case.
