Working with industrial equipment and machinery can come with its fair share of risks. According to the National Institute for Occupational Safety and Health (NIOSH), between 2018 and 2022, around 3,677 workers lost their lives while using equipment or machinery. When these products come with defects and flaws, the chances of getting severe – or even fatal – injuries increase significantly.
Common injuries include amputations, burns and crush injuries. These can affect your ability to work and leave a lasting impact on your quality of life. However, there are ways to seek justice.
A product liability claim can help you get compensation
A product liability claim is a legal action taken against manufacturers or sellers for issuing defective products. It can help you seek compensation for medical bills and lost wages. Depending on the specifics of the case, it can also cover pain and suffering.
Indiana courts consider a product defective if it:
- Presents a condition that an average user wouldn’t expect, making it unexpectedly dangerous
- Causes unreasonable risk to those who are expected to use it, even when used as intended
- Lacks adequate warnings, labels or clear instructions for safe use, failing to inform users of potential hazards
If your injury was due to the lack of warnings or safety instructions, then you may be able to claim that the companies that made or marketed it were negligent. However, you must be able to show that this negligence directly caused your injury. For example, if a piece of machinery did not include proper warnings about the risk of overheating and you suffered burns as a result, you could argue that the manufacturer’s failure to provide adequate warnings was negligent.
If a manufacturing error or a design flaw caused your injury, the manufacturers are strictly liable. You do not have to prove negligence or fault on their part. You simply have to prove that the defect existed when the equipment left the manufacturer and directly caused your injury. For example, if a defective drill bit shattered during normal use and injured you, courts may consider the manufacturer strictly liable.
Know your options
Injured by faulty machinery or equipment at work? Understanding your options under Indiana’s product liability laws is crucial. An attorney can help you assess your situation and decide what to do next.
