Defective Machinery in Texas Personal Injury Cases
Construction workers and those in other specialized industries must handle complex machinery. They trust that manufacturers and maintenance workers have done their due diligence to ensure this machinery is safe to use. While this is the expectation, workers are injured or killed every year because of defective machinery.
If you’ve suffered from injuries due to defective machinery, an experienced Texas personal injury attorney could help you recover total compensation.
Schedule your free consultation with Kemmy Law Firm by contacting us online or calling our office at (830) 264-6297.
All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.
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$20 MILLION Oil and gas case involving significant economic harm
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$19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
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$13.5 MILLION Jury Verdict Patient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall
When is Machinery Defective?
According to the Occupational Safety and Health Administration, machinery could be labeled defective if there is any evidence of damage that might expose an employee to injury.
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Types of Machinery That Could Become Defective
Any type of machinery could become defective. However, the most common types include but are not limited to the following:
- Cutting machines
- Scaffolds
- Punch presses
- Drying ovens
- Welding equipment
- Lathes
- Turning machines
- Scissor lifts
- Folding machines
- Forklifts
- Bulldozers
- Cranes
- Tractors
- Nail guns
- Dump trucks
- Drills
- Table saws
- Conveyor belts
Even if you were following the necessary safety protocols and procedures, you may be at risk for severe or critical injuries if the equipment or machinery you are using is defective.
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What Kind of Defects Can there Be?
The types of defects construction machinery may vary depending on the type of equipment, the parts used to build the equipment, and more. Examples of these defects include:
- Corrosion
- Defective design
- Inadequate training on machinery
- Poor welding
- Lack of safety inspections
- Inadequate labeling
- Failure to include warnings
- Breach of warranty
- Manufacturing defects
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Tips to Protect Yourself from Defective Machinery Injuries
Factory, construction, and oilfield work is dangerous, and the risk of defective equipment is always there. It is important to take steps to protect yourself and prevent these accidents wherever possible. You can do so by:
- Following necessary safety protocols and procedures
- Knowing where emergency shut-off switches are
- Wearing necessary protective equipment
- Handling material, equipment, and machinery with care
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"I wholeheartedly endorse Kemmy Law without reservation."Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.- Jerry G.
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"I would recommend the Kemmy Law Firm 100 times out of 100."
We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.
- Iaz P. -
"They were so patient and explained everything in detail."
Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.
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"I can’t thank you all enough for what you have done for me and my family."
I had an amazing experience with the Kemmy law firm. I was facing some really tough circumstances with my case but Tom and his incredible staff were able to get me over double the money that I was initially looking at at the start of my case. I can’t thank you all enough for what you have done for me and my family.
- Rod C.
All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.
How to Recover Compensation for Your Damages
There are also multiple ways to recover compensation for your losses, including the following:
- Filing a claim for workers’ compensation benefits, which will cover medical bills, a portion of your lost wages, and vocational rehabilitation benefits
- Filing a non-subscriber claim if your employer does not opt into the Texas workers’ comp insurance program
- Pursuing a third-party liability lawsuit, which allows you to seek compensation for your economic damages and non-economic damages in their entirety
What Kind of Damages Can You Recover?
The types of damages you have the right to recover depend on how your injuries have impacted your life. Examples of the damages that may be recovered after a defective machinery accident include:
- Pain and suffering
- Physical limitations
- Other medical expenses
- Future medical care
- Diminished earning capacity
- Skin scarring
- Inconvenience
- Professional reputational damage
- Emotional distress
- Lost wages
- Loss of employee benefits
- Property damages
- Loss of consortium
- Reduced quality of life
Get Help with Your Defective Machinery Injury Case
There are many potential liable parties involved in defective machinery claims. A skilled personal injury attorney could help identify those involved in your case and ensure they are brought to justice. Do not hesitate to contact a respected Texas personal injury lawyer at Kemmy Law Firm for a no-cost, risk-free consultation.
You can find out more about who could be sued for your damages and how much your case could be worth when you contact our office to discuss the specific details of your claim. Reach us by phone at (830) 264-6297 or through our secure contact form to start working on your defective machinery claim as soon as today.
