Amputation and Laceration Injuries From Defective Equipment
An amputation or laceration injury from defective equipment can be the basis for a product liability claim in California. When a machine lacks a required guard, exposes a moving blade, or otherwise fails and causes a serious injury, the manufacturer of that equipment can be held responsible.
Chain | Cohn | Clark represents injured people across Kern County and the Central Valley in defective equipment injury claims. For a worker hurt on the job in one of Kern County’s farms, packing houses, or industrial sites, this claim is separate from workers’ compensation and may be able to recover damages that workers’ compensation alone cannot.
Missing Guards, Exposed Blades, and Other Equipment Defects
Farm and industrial machinery causes amputations and lacerations most often when a moving part is left exposed or unguarded. This can refer to a missing or inadequate guard over a point of operation, an exposed blade, an unguarded power take-off shaft, auger, roller, or belt, a pinch point between parts that move together, a safety interlock that fails to stop a machine, or the absence of an accessible emergency stop.
In situations like these, three types of product defect might apply. A manufacturing defect exists when a product was correctly designed but incorrectly manufactured in some way. A design defect exists when the equipment was built without a guard or safety feature that a reasonable design would include, or when the guarding provided does not protect against foreseeable use of their product. A failure-to-warn defect exists when the manufacturer did not provide adequate warnings or instructions for potential hazards resulting from foreseeable use of their product.
Amputation Injuries and Lifetime Damages
Because an amputation is typically a permanent injury, it can significantly impact the rest of a person’s life. Beyond the surgery and hospitalization, a person who loses a limb often needs prosthetic devices that must be fitted, maintained, and replaced over the years, along with ongoing rehabilitation and, in some cases, further surgeries.
The financial impacts extend well past medical care. An amputation or a serious laceration can limit or completely restrict a person’s ability to do the work they did before, which can support a claim for lost income and reduced earning capacity. Modifications to a home or vehicle, subsequent necessary help with daily tasks, compensation for permanent disfigurement, and pain and suffering can also be included in a personal injury claim.
Workers’ Compensation and Third-Party Claims for Equipment Amputations
A worker injured by defective equipment on the job is usually eligible for a workers’ compensation claim, which pays for medical treatment and a portion of lost wages without requiring proof of fault. Workers’ compensation is generally the only claim available against a direct employer.
The manufacturer of the equipment, however, is a separate matter. If a defective machine causes an injury, the injured worker may also be eligible for a product liability claim against the company that designed, made, or sold it.
Depending on the circumstances, other third parties may share responsibility as well. A third-party claim may recover damages that workers’ compensation cannot, including full lost earnings, reduced earning capacity, and pain and suffering.
How Chain | Cohn | Clark Documents a Defective Equipment Claim
Because a defective equipment claim depends on evidence that can disappear quickly after an injury, it’s best to speak to an attorney as soon as possible.
Preserving the Equipment
The machine itself is often the most important evidence in a defective equipment claim. Photographs of the condition of any guard or safety device, or of the equipment in its post-incident state, can also clearly show what failed. Once a machine is repaired, cleaned, or returned to a rental company, that proof may no longer be retrievable.
Maintenance and Safety Records
Service and maintenance logs, an operator’s manual, warning labels, and records of any prior complaints or repairs can help determine whether the equipment was defective when it left the manufacturer, and whether it was altered afterward.
Expert Engineering Analysis
A qualified engineer can examine the equipment, identify the defect, and explain how a safer design or adequate guarding would have prevented the injury. This analysis is often central to a design defect or failure-to-warn claim.
Medical Documentation
Surgical records, treatment history, and evaluations of long-term impairment can establish the extent of the injury and the future care it may require.
Compensation Available in a Defective Equipment Claim
Compensation depends on the severity of the injury and the type of claim available. A workers’ compensation claim covers medical treatment and a portion of lost wages. A third-party product liability claim can cover a broader range of losses, including full lost income, reduced earning capacity, home and vehicle modifications, compensation for permanent disfigurement, and pain and suffering.
Deadlines for a Defective Equipment Claim in California
The deadline to file a product liability lawsuit in California is generally two years from the date of the injury. A workers’ compensation claim has its own timeline. An attorney can confirm the types of claim available to you and determine any applicable deadlines.
Working With Chain | Cohn | Clark
Chain | Cohn | Clark has represented injured workers and their families in Kern County and across the Central Valley since 1934. Our firm handles product liability and equipment injury claims on a contingency fee basis, which means you pay nothing unless you win. Contact us today for a free consultation.
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Frequently Asked Questions About Defective Equipment Injury Claims
Yes, if the equipment was defective. Under California product liability law, a manufacturer can be held responsible when a machine that is unsafe by design, made with a flaw, or lacks adequate guarding or warnings causes an injury. This claim is separate from any workers’ compensation claim you may have.
An amputation claim can seek compensation for medical care, lost income, and reduced earning capacity if you cannot return to work. It can also include the cost of home or vehicle modifications, subsequent necessary help with daily activities, compensation for permanent disfigurement, and pain and suffering. An attorney can evaluate which damages may be available to you.
If you can, make sure the machine is not repaired, altered, cleaned, or returned to a rental company. The equipment is usually the most important evidence in a defective equipment claim. Contact a lawyer as soon as possible so steps can be taken to protect it.
Not necessarily. Workers’ compensation is generally the only claim against your direct employer – but if defective equipment caused the injury, you may also have a product liability claim against the manufacturer or another third party. This third-party claim can cover losses that workers’ compensation does not, such as full lost earnings and pain and suffering.
Talk to a Kern County Defective Equipment Injury Lawyer
If you or a loved one lost a limb or suffered a serious laceration from defective machinery in Kern County, contact Chain | Cohn | Clark today for a free consultation. Review your legal options before evidence disappears and key filing deadlines pass.
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