Turn to Feroleto Law for Your Machine Malfunction Lawsuit
If You’ve Been Injured by a Faulty Machine, You Need a Personal Injury Lawyer on Your Side
Most workers in the manufacturing, agricultural, construction, and oil and gas industries know that heavy equipment can be dangerous even when it is working properly and used correctly. During the day, you may operate several kinds of potentially dangerous heavy equipment and machinery. To do so, you need a high level of skill and care to prevent accidents.
However, sometimes the machinery isn’t working properly, and even with the best skill and care, you can be hurt. If you’ve been injured due to defective or malfunctioning heavy equipment, you may have grounds to seek compensation with a faulty machinery lawsuit.
The experienced personal injury attorneys at Feroleto Law can help. We’ve worked with many people who have been injured on the job while operating heavy machinery, and we’ve handled many machine malfunction lawsuits. We know how devastating these injuries can be.
As your attorneys, we will help you navigate the legal system to protect your interests. We would be happy to review your case. Simply call 716-854-0700.
What Should You Do After You’ve Been Injured by a Faulty Machine?
Stay Calm, Get Help, and Secure an Attorney for a Faulty Machinery Lawsuit
The minutes following a workplace heavy machinery accident can be frightening, painful, and chaotic. Your workplace injury requires immediate medical attention, even if you think you aren’t hurt that badly. What you do in the immediate aftermath of your accident will also prove critical to pursuing a machinery defect lawsuit.
Follow the correct protocols as much as possible in order to give your personal injury lawyer the best chance for success in your defective machinery lawsuit.
After the accident, you’re probably feeling hurt and panicky. This is normal but try to do your best to remain calm and allow others to help you. Be careful when speaking about the accident; anything you say can affect your faulty machinery lawsuit, and the insurance company may misinterpret what you say to try to minimize the seriousness of your case.
Seek Medical Attention
A co-worker or your manager should call 911 immediately. Emergency services can help you heal more quickly. Plus, having a record of your injuries from the accident can help strengthen your claim in a machinery defect lawsuit.
Make Sure an Incident Report Is Completed
Many companies require an incident report to be filled out if someone is hurt on the job. This can include the date and time of the accident and the circumstances surrounding it. It consists of the task you were working on and the type of machinery you were using. All of these details are important for your case.
If you’re able to, You should take photos of the equipment that caused your injury. If something is broken or otherwise malfunctioning, you’ll need to document it. If you can’t take pictures because your injuries were too severe, then someone else at the site — a coworker, union representative, or even management — may take pictures.
The more information you have about a problem with the equipment, the stronger your machine malfunction lawsuit will be. You may work in one of our local factories, plans or shops where safety guards are removed. This is a common occurrence. If so, see that pictures are taken of the heart of the machine where the safety guard belongs. Also get pictures of the identifying markings on the machine, conveyor system, or equipment. In addition to the manufacturer’s name, you will want to get a picture of the model number and, if possible, the Packard or decal identifying the serial number or date of manufacture.
Contact a Machinery Malfunction Lawsuit Attorney
A skilled personal injury lawyer with experience pursuing defective machinery lawsuit claims can make a difference between receiving full compensation from your settlement and receiving nothing at all.
A good personal injury attorney, like the team at Feroleto Law, can support your claim from start to finish. We’ll protect your rights and make sure that insurance companies don’t try to take advantage of your situation. Call us today at 716-854-0700.
Defective Machinery in Your Workplace
Malfunctioning heavy equipment and defective tools can turn a regular workday into a deadly situation for you as the operator and for nearby workers. Unfortunately, many workplace accidents involving faulty heavy equipment have life-changing and devastating consequences. Also, hand tools may be defective. One example is a that of a client who was using a Dremel, a small hand tool like a high-speed dentist’s drill. While the employee was deburring the product his employer manufactured, a threaded part of the Dremel tool loosened. The threaded part separated, spinning off and hitting our client in the eye, causing almost total blindness in the injured eye. As a result of our defective equipment lawsuit, the manufacturer of the tool changed the way it connected parts, making for a safer tool and eliminating the dangers to employees and all users of the tool.
Flawed machinery or equipment can cause many different types of accidents, including:
- Falling to a lower level in the building
- Being stuck or caught in parts of the equipment
- Workers or people nearby being struck by parts or pieces of the equipment
- Toxic chemical exposure
- Explosions or burns from a fire
- Removal of safety guards
- Exposing pinch points.
You can see how failing or broken equipment can have severe consequences. Failure on the company’s part to inspect the machinery or fix it promptly can create circumstances where people can get hurt badly. Inadequate or nonexistent labeling, including improper lockout/tag-out procedures, is common in defective machinery scenarios.
Serious workplace injuries or even death can be caused by standard workplace equipment, such as:
- Tractor transmissions
- Conveyor belts
- Ladders and scaffolding
- Cherry pickers
- Bucket trucks
- Punch presses
- Pellet guns.
Even if you aren’t the person using the machinery, you may be hurt if you’re in the vicinity when something breaks or catches on fire. Always follow the safety protocols at your workplace to reduce the chances of accidents. However, if you have been hurt due to workplace machinery problems, you may be able to file a machine malfunction lawsuit.
Some common injuries that happen due to defective machinery can include:
- Traumatic brain injuries (TBI) or concussions
- Smoke inhalation and burns
- Fractures and broken bones
- Torn ligaments and sprains
- Neck, back, and spine injuries, including partial or complete paralysis
- Loss of vision or hearing
- Amputations or degloving
- Disfigurement and lacerations.
Because workplace injuries can be so severe, it’s crucial to have immediate medical attention.
Common Types of Defects for a Machinery Defect Lawsuit
Machinery at your job site can be damaged through misuse, or parts can loosen or wear out over time.
Heavy equipment and machinery can possess a combination of different defects, such as:
- Lack of adequate safety and shielding devices like guards or automatic shut-off switches
- Low-quality materials used in the manufacturing process
- Equipment placed in an improper location
- Errors during the assembly or installation processes
- Faulty wiring
- Lack of instructions and safety warnings
- Equipment that is prone to overheating during use.
Without regular service and preventative maintenance, the equipment can break and fail. Sometimes there is a defect in the product’s design or a problem in the manufacturing process that means the equipment is defective. In the marketing stage, an absence of warning labels and proper instructions on using the equipment can lead to injuries during the operation.
Who Is Liable in My Defective Machinery Lawsuit?
If the machinery itself is defective and causes a workplace injury, then the company that designed and manufactured it can be held liable in a faulty machinery lawsuit. Your personal injury lawyer determines the way in which the product was defective and how that defect led to your injury.
What Kind of Compensation Can I Receive from a Faulty Machinery Lawsuit?
Depending on the circumstances of your case, you may be able to seek reimbursement for the medical bills and ongoing treatment for your injuries, including hospital stays. If you were hurt badly enough that you cannot perform your job, you might be compensated for the loss of earning capacity and lost wages.
Physical and mental trauma, future partial disability, loss of range of motion, and pain can also be part of your settlement. Finally, if you have permanent disfigurement or physical limitations, then you may receive compensation for that, too.
Faulty Machinery Lawsuit FAQs
The length of time it takes to get your settlement depends on a few things. First, the party responsible for your injury is responsible for all of your medical bills.
If you require extensive treatment, a hospital stay, or aftercare, such as physical therapy or occupational rehabilitation, your lawyer may wait to file for those damages until you’ve finished treatment. Otherwise, it can take as little as a few months to over a year.
Oftentimes, assigning responsibility for a defective machinery lawsuit can be murky. While you may feel that you caused the accident, it’s your workplace’s responsibility to ensure that you are provided with safe working conditions. Your personal injury lawyer will work with you and explain how other parties share the blame.
At Feroleto Law, we work on a contingency basis, which means that if we don’t win, you don’t owe us a legal fee.
We might be able to pursue a wrongful death case on your behalf if malfunctioning equipment led to the death of your loved one.
Why Choose Feroleto Law?
Experienced Representation for Your Machine Malfunction Lawsuit
At Feroleto Law, we understand the laws concerning personal injuries due to heavy machinery malfunctions. For nearly 40 years, we have been protecting the rights of people hurt on the job or injured by faulty machines. We offer highly skilled representation and have successfully presented many clients’ claims.
We believe in litigating your case to the fullest extent, and we offer a “no fee guarantee,” which means that if we don’t win, you don’t owe us compensation or legal fees. (Disbursements may or may not be waived, based on the fee charged, per NY State regulations.)
Whether negotiating with manufacturers, dealing with the insurance company, or representing your case in court, you shouldn’t go it alone. Rely on the team at Feroleto Law.
Call us today at 716-854-0700 to see how a dangerous or defective machinery lawyer can help you. We offer free consultations to discuss your case!
Attorney John Feroleto
Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]