Product Liability
Workers’ compensation is not always the end of the story
When a machine lacks a guard, an interlock or a warning it should have had, the equipment maker can be liable even though a workers’ compensation claim is already open.
About industrial machinery and equipment claims
Injured workers are often told that workers’ compensation is their only remedy. That is generally true as to the employer, but it does not shield the third parties that designed, built, sold, leased or maintained the equipment. A product liability claim against a manufacturer runs parallel to a compensation claim and can reach damages that workers’ compensation does not provide.
The failures we see include machines sold without point-of-operation guarding, missing or defeated interlocks and emergency stops, presses and conveyors that cycle unexpectedly, ladders and scaffolding that buckle or separate, forklifts and aerial lifts that tip or drop, saws and grinders without adequate guarding or anti-kickback protection, defective lockout-tagout design, and equipment sold with inadequate instructions for safe operation and maintenance.
A recurring issue is whether a safety device was removed or bypassed and why. Where a guard was easy to defeat, or where the manufacturer knew operators routinely bypassed it to keep production moving, the design itself can be the defect rather than the worker’s conduct.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Amputation and degloving injuries in presses, rollers and conveyors
- Crush injuries from unexpected machine cycling or equipment rollover
- Falls from height due to ladder, scaffold or lift failure
- Traumatic brain injury and spinal injury from falls and struck-by events
- Severe lacerations and eye injuries from unguarded blades and projectiles
- Electrocution and arc-flash burns
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The equipment manufacturer and the designer of its safety systems
- A component supplier responsible for a guard, interlock, control or hydraulic part
- The distributor, dealer or rental and leasing company that supplied the machine
- A maintenance or service contractor that disabled or misrepaired a safety device
- A general contractor or property owner responsible for the worksite (a claim separate from workers’ compensation)
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Preservation of the machine in its post-incident condition, including any guarding
- The operator and service manuals, warning labels and machine serial data
- Cal/OSHA inspection findings and citation history
- Maintenance, repair and modification records for the specific unit
- Photographs and video of the machine as it was actually configured and used
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Industrial Machinery and Equipment: common questions
Injured by industrial machinery? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.