Industrial FACT

Approx. $50 billion is spent annually, or nearly one billion dollars per week, on medical treatment and lost wage costs due to work-related injuries.

Source: American Society of Safety Engineers, Liberty Mutual: Helping to Advance the Future of Occupational Safety & Health, 2006

Industrial Product Defects

Industrial products are as diverse and varied as the businesses and manufacturing operations that drive the economic engine of this country. Many of the consumer products we use everyday are built or constructed using industrial machinery. By their very nature, they are often designed to do specific things or perform certain functions, and are operated by both skilled and unskilled laborers.

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Victims of industrial product defects, including failure to warn claims, are often entitled to seek compensation from the manufacturers and distributors of such products.

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Depending on the nature of the industrial machinery or equipment, there may be dangers and risks associated with its design and operation that need to be addressed for it to be used safely. Accordingly, the manufacturers of these unique and diverse industrial products must diligently apply safe engineering principles to ensure that they account for how their machines may be used or misused and address the attendant risks through design if possible. If design alternatives cannot address the risks that are foreseen, then guards should be considered. If guards are not possible, then the manufacturer must ensure adequate instructions and warnings are provided to the users of the machinery so that it may be used safely. When manufacturers fail to adequately consider and address the risks associated with the design and construction of industrial products, accidents can occur.

Often, claims of this type arise from worksite accidents while industrial products are in use. If catastrophic injuries result in such an accident, the potential that a defect in the design of the industrial product itself should be explored. It should also be remembered that victims of industrial product defects, including failure to warn claims, are often entitled to seek compensation from the manufacturers and distributors of such products even if workers’ compensation claims are involved.

As Industrial Product Defect attorneys we can help

If you suspect a defect involving an industrial product or piece of equipment caused a serious accident, contact us for a free evaluation of your case. As industrial product defect lawyers we have extensive experience in litigating worksite accidents, and stand ready to bring our knowledge and expertise to bear for workplace accident victims.

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    Case of Note

    Steve Holliman v. Southern Agcom, Inc.

    Workplace Hazards / Negligent Repair

    Even with safeguards in place, workplaces can present unique challenges with regard to employee safety. On February 14, 2003, a jury found Southern Agcom, Inc. responsible for the injuries and damages of Steve Holliman who was catastrophically injured on November 7, 1996 after a workplace accident caused the near amputation of his right leg. On that day, the jury found that Southern Agcom, Inc. had improperly removed a safety grate for repairs, leaving the moving components of a large grain auger exposed. As a result of Southern Agcom, Inc.’s failure to warn of the dangers posed by the open equipment and to implement recognized protective safety measures Mr. Holliman was permitted to fall into the open grain auger and was injured.

    The jury awarded a $1.8 million to Mr. Holliman and his wife.

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