New Jersey Defective Machinery Attorneys
Representation for Victims of Injuries Caused by Defective Tools and Machinery
Tools and machines used in home, industrial, or business settings (including construction sites) can cause severe injuries if they are not fit for the purpose intended. Deficiencies or defects in design, manufacturing, distribution, or in the instructions provided may result in injury – sometimes, severe injury or death.
What Are the Ways a Product Can Be Defective?
Not every piece of machinery that causes an injury is necessarily defective. Sometimes, products cause injury because they are improperly used. Other products are inherently dangerous to work with, in which case there need to be clearly stated warnings.
However, here are a few ways a product can be considered defective:
- Defective Design. That the design of the product itself – not its manufacture or its use – is so flawed as to make it inherently defective. To prove defective design in a court of law, a claimant must demonstrate:
- That the product was defective due to its design.
- That the defect caused the product to malfunction.
- That the malfunction caused the injuries sustained.
- That there is a reasonable way for the product to be designed that would have reduced the risk of injury.
- Defective Manufacturing. That the defect does not lie in an inherent design flaw, but in faulty manufacturing. The claimant must still prove that the defect exists, that the defect caused the malfunction that gave rise to the injuries, and that the specific tool or piece of machinery that caused the injuries had the manufacturing defect.
- Defective or Inadequate Warnings. That there were no adequate warnings or instructions attached to a non-defective tool or piece of machinery. If not, that tool may still be considered unreasonably dangerous or defective, despite having no design or manufacturing flaws.
Who Is Liable for Defective Machinery?
Manufacturers of products including drills, power saws, air compressors, ladders, and printing presses must ensure that users (and the people around) are sufficiently protected from injury. A failure to protect a product’s end user from harm, or a failure to warn of potential product dangers, may constitute product liability.
Employers that utilize potentially harmful products must also meet industry standards to ensure that their employees and the general public are protected from obviously dangerous products. They must make sure that all safeguards on machines and tools are maintained in proper working order, and that the tools and machines are used in the correct manner.
Filing a Defective Machinery Claim
Bringing a claim for product liability is both complex and stressful. For example, imagine a situation where the head of a hammer flies off the handle and strikes a construction worker in the eye. Just by looking at it, you don’t know whether this was a design defect, a manufacturing defect, or a warnings defect – maybe the hammer itself was fine, but the material on which it was used caused the problem, and did not come with a warning.
Being injured by a defective product can be hard to recover from both physically and financially. There can be extensive expenses – medical treatment, lost wages, rehabilitative therapies, and other intangible costs as well. We understand.
Blume Forte Fried Zerres & Molinari has experience in handling New Jersey product liability cases. We can determine if the injuries were caused by deficiencies in the design, manufacture, distribution, and/or instructions or information provided to the user of the product. Call us at (973) 635-5400 to schedule a free consultation.