While being on the job, workers rely on their equipment to perform tasks. Investing in the best tools in the market help employees to continue mastering their craft. In addition, one would think that pouring more money into tools would provide them with greater safety than cutting corners in buying the same material from a generic brand.

However, no matter the amount of money you spend on tools, you are still at risk of getting injured by a defective product. Most likely, you may not know what steps to take after suffering these injuries and might even be a bit confused about how to file a claim against the manufacturer.

Don’t let these worries get the best of you. In this blog article, here at Castan & Lecca, we will provide you with the proper information on what types of injuries are caused by defective equipment and what is the legal procedure to get the maximum compensation for your losses.

Types of defective equipment

So what exactly is considered defective equipment? These are products that are considered to be unsafe or have any design or manufacturing flaw that is deemed to not have satisfactory quality. The types of product defects that are most commonly seen are:

1)      Manufacturing defects: these are caused whenever problems or mistakes occur during the assembly and manufacturing process of a single unit in a product line that was left unattended and has caused a safety hazard while someone was using it. This can usually result in severe and fatal injuries. Some examples of these defects can be:

o   Loose parts.

o   Incorrectly attached parts.

o   Improperly installed electrical circuits.

2)  Design defects: this happens when the equipment’s design has flaws or errors. Most of these defects affect an entire product line instead of a single item. Some examples are:

o   Mechanical defects on cars.

o   Children’s products that contain choking hazards.

3)  Marketing defects: also known as labeling defects, occurs whenever a product does not warn of the dangers when misusing the item, and therefore, users not knowing this information can be injured. Some of these examples are:

o   False claims.

o   Improper or lack of warning labels.

o   No safety instructions are attached.

o   Incorrect user instructions.

Common defective equipment injuries

When it comes to defective equipment, you are prone to suffer injuries. Depending on the amount of physical damage you receive, you can either suffer minor or fatal injuries. Some of these traumas can be:

• Broken bones.
• Cuts and lacerations.
• Crushed extremities.
• Concussions.
• Blindness.
• Amputations.
• Loss of digits.
• Electric shocks / electrocution.
• Paralysis.
• Toxic injuries (spray of chemicals or toxic materials).
• Wrongful death.

Under Georgia law, in order to make a product liability claim, you must prove that your injuries were caused by the defective product and that you didn’t alter the item before the accident occurred. Remember, manufacturers are legally obligated to test their products and check to see if they’re safe to be used before launching them in the market. If you get injured, having an experienced product liability attorney on your side will help you win your case.

Steps to follow after being injured due to a defective equipment/tool

After being injured from using defective equipment, the first step you should take, like in all accidents, is to seek medical care as soon as possible. In the event the mishap occurred at work, notify your employer about what happened. Not only will your supervisor be alerted of the situation, but they can later become a witness in your case.

The next step is to file a claim against the manufacturer. With the help of an attorney, they will make sure you get compensated for your injuries while aiding you in gathering evidence (witnesses who saw your accident, photographs of the defective product, etc.). This will lead them to help determine the damages you’ve suffered, such as:

•         Economic Damages: which are financial losses that were caused by the product. The compensations that the victim may pursue are medical costs or any lost income which are the wages they have missed out on due to being unable to work because of their injuries.
•         Non-Economic Damages: these are subjective, intangible losses that the victim might suffer. These are considered to be emotional problems, scarring or disfigurement, pain and suffering, reduced quality of life, and loss of enjoyment that has stemmed from the accident.
•         Punitive Damages: these are meant to punish the defendant, which in this case is the manufacturer. They’re intended to make sure that they fix their products. Only courts can decide how much these damages are going to be.

When filing a claim, you must keep into consideration the statute of limitation for a product liability case. If you don’t file your claim during the legal period of time permitted, or even promptly hire an attorney, the courts most likely will dismiss your case. Don’t lose out on your compensation by acting too late.

How can I get started on my defective product claim?

Here at Castan & Lecca, over the years, we have provided a successful defense and top-notch legal representation for our clients. Not only are we experienced in defective productive liability cases, but our team of attorneys and legal experts are ready to prove the negligence of the manufacturer.

If you have been injured by a defective product, you will need the experience of a product liability attorney. At Castan & Lecca, we are ready to help you obtain the maximum compensation for your injuries in these types of accidents. 

Contact us to schedule a free consultation to evaluate your case and create the best legal strategy to win. Remember, you’re not alone. We are exceptional attorneys and we achieve superior results.