According to the U.S. Bureau of Labor Statistics, an estimated 3 million American workers suffer non-fatal injuries or illnesses each year that are work related. A common misconception among injured workers is that regardless of the cause, a worker compensation claim is their only option for reimbursement to help pay for things like partial lost wages and medical bills. Many Americans are not aware that when a defective product is to blame for an at work injury or illness, a third party product liability suit can often be filed as well.
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Defective products cause thousands of workplace injuries each year, and almost any product or device has the potential to cause a work related illness or injury when it does not perform as expected. Some of the more common faulty products in the workplace that are seen by a product liability attorney in Nevada include:
- Defective Safety Shields
- Defective Heavy Machinery
- Faulty Harnesses and Fall Protective Equipment
- Hazardous Chemicals
- Defective Ladders and Scaffolding
- Poorly Designed Power Tools
Unfortunately, while workers in the manufacturing and construction industries are at a higher risk of suffering from work related injuries due to defective or faulty products, those in the transportation industry and even office workers can suffer illnesses or injuries as well. Malfunctioning tires and other types of vehicle equipment are often the cause of accidents in large trucks, while defective office chairs and equipment commonly used in offices are sometimes responsible for office injuries.
Identifying a Defective Product
By law, manufacturers are responsible for designing and producing products that are safe for their intended use. When design flaws and defects cause injuries, victims can file a product liability claim to recoup damages. Product defect claims generally fall into the following categories:
Design Defects
When the design of a product or device makes that product more dangerous than it should be or it is not equipped with the proper safety features, the manufacturer can be held liable for injuries.
Manufacturing Defects
When an error occurs in the manufacturing process, a single product or an entire batch may be affected. Examples include such things as incorrectly mixed chemicals, poorly tightened fasteners or improperly fitted materials.
Warning Labels
Manufacturers have the responsibility to warn consumers about known dangers or risks involved with product usage. Improper labeling or missing warning labels often result in a successful product liability claim.