Many workers in Texas use tools and equipment to do their jobs. At times, work related injuries are caused by the tools employees use. If you are injured as the result of a tool or a piece of equipment, you are entitled to pursue benefits through the workers’ compensation system. In addition, you may have a claim against a manufacturer of a tool or machine that was defective. These are called products liability claims.
Examples of Product Liability Cases
There are many examples of products liability issues when a work injury occurs. We often see injured workers who got a glove caught by a machine part and then their hand pulled into the machine resulting in a crush injury or the loss of a finger or hand. A work truck could have been made with defective airbags that didn’t inflate when a wreck occurred. Or, maybe a table saw was made with inadequate safeguards. You can bet that landscape workers who developed cancer after using using Roundup weed killer know a thing or two about products liability.
Proving Products Liability
To establish products liability claims against a manufacturer, the injured worker must establish: 1. The product was defective; 2. The product reached the claimant without a substantial change to its condition; 3. The defect rendered the product unreasonably dangerous; and 4. The defect caused the claimant’s damages.
When you meet with your attorney about your injuries, try and give them as much information about the item that caused your injury as possible. The name of the machine or tool, a part number, the name of the manufacturer, and any other information you might find on the machine are all examples of good information to get before you talk to a lawyer. Describing what the tool does and how it is supposed to work will help determine if there is a defect. Remember, pictures speak a thousand words.
