Product Liability in a Workplace Accident
Not every accident is caused by the victim or another individual's negligence. Sometimes, a piece of machinery can malfunction, causing a worker to be injured through an impact, a burn, toxic fume inhalation, a laceration, or in a fall from the equipment. These accidents can lead to serious injuries and in some cases, death. When a product's defective design or failure to function correctly despite proper use and maintenance is the cause of an individual's injury, that product's manufacturer may be held liable for the victim's damages under a principle known as product liability.
Product liability refers to a manufacturer's responsibility to design, manufacture, and sell products that do not pose a safety hazard to their users when used correctly. If a design or manufacturing flaw in an existing product is discovered, the product's manufacturer is required to issue a recall for that product. The recall must consist of well-advertised information about the flaw as well as instructions for owners of that product to have the faulty part repaired or replaced.Filing Your Product Liability Claim
As with any other injury claim, you need to gather as much evidence regarding your accident as possible. This can include photographs of the affected part or the accident itself, documentation of your diagnosis and treatment, and any information available about the faulty part. If the equipment or part has been recalled, this can affect your claim. In cases where the recall was not widely advertised, it can help to prove that the faulty part is to blame for your accident. But there is another side to this – the notion that, because the part was recalled, you or your employer should have known about the recall and taken the steps to correct the issue.
A party other than the product's manufacturer can be held liable as well. For example, the product's distributor or retailer might have continued to carry the product after it was recalled, creating confusion among purchasers about the product's safety.
Seek appropriate medical treatment for your injury and work with an attorney to determine who is liable for your injury. In some cases, more than one party may be at fault. Your attorney can also help you gather all necessary evidence and documentation that you will need to support your product liability claim.Workplace Injury Attorneys in San Jose
If you have been injured by a faulty or defective piece of machinery while on the job you could be entitled to monetary compensation for your losses. Contact Corsiglia, McMahon, & Allard, L.L.P. today to discuss the possibility of filing a workplace injury claim to recover these losses during your free consultation with our firm. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County. Do not wait to begin working on your workplace injury claim with us. Our skilled San Jose workplace accident attorneys are here to help you get the money you deserve.