Many industrial and construction jobs require the use of machines, and some parts of these machines and areas around them may be especially dangerous to operators. Most industrial machines require safety guards, and missing safety guards can easily lead to severe or fatal injuries. If you or a relative suffered an injury due to missing safety guards on machines in the Dallas-Fort Worth area, contact the attorneys at the Law Firm of Aaron A. Herbert, P.C. to schedule a free consultation.
How Will an Attorney Help?
Having an attorney can make a significant difference in the outcome of any missing safety guard lawsuit. Your attorney will carefully review the machine responsible for your injury and gather evidence to help you prove liability for your damages. An attorney can also handle negotiations with insurance companies on your behalf, help you navigate the workers’ compensation claims process, and coordinate expert witness testimony to support your claim in court.
Potential Liability in a Missing Safety Guard Claim
If a product manufacturer failed to include necessary safety guards, or the safety guards included with the product did not function correctly, the manufacturer will likely bear at least partial liability for the damages in a missing safety guard claim. However, if an employer or supervisor failed to install the required safety guards or removed safety guards without a reasonable explanation, the supervisor or employer could bear liability for employees' resulting damages.
A product liability claim can hold a manufacturer accountable for releasing a dangerous or defective machine. The plaintiff’s attorney must prove the manufacturer failed to include required safety features or warnings, did not include complete instructions for proper use, or the product or safety guards had a defect that caused the plaintiff’s damages. Once a manufacturer acknowledges a defect with a product the manufacturer must alert all other customers who purchased the same product through a product recall. The manufacturer must then arrange repairs, replacements, or refunds as necessary.
If a supervisor or employer incurs liability for a missing safety guard claim, the injured employee may have the option of filing for workers’ compensation. However, not every Texas employer carries workers’ compensation insurance, and a successful claim may not yield enough coverage for an injured victim’s losses. A personal injury claim against a negligent employer, installation company, or any other liable party would offer the best chance of recovery after a missing safety guard accident.
Compensation in a Missing Safety Guard Claim
The plaintiff in a missing safety guard lawsuit can secure various types of compensation depending on how the accident occurred. A defendant may be liable for medical expenses both immediate and future, lost income, lost earning capacity, and the victim’s pain and suffering. Depending on the defendant’s degree of negligence or the presence of any willful, harmful conduct, the defendant may also face punitive damages.
Injuries from industrial machines, construction equipment, and other machines requiring safety guards can be severe or life-threatening, such as broken bones, crushing injuries, falling injuries, and much more. An injured employee may not be able to return to work for an extended period or at all if his or her injuries resulted in permanent disability.
Find Legal Counsel Today
The right attorney can make a significant difference in the outcome of any missing safety guard claim. If you or a loved one suffered any kind of injury due to defective or missing safety guards in the Dallas-Fort Worth area, the Law Firm of Aaron A. Herbert, P.C. can help you recover your losses. Contact us today to schedule a free case review with an attorney and we can help you better understand your legal options.