Hydraulic Accident While At WorkAll work related accidents must be brought before the workers compensation board. However, this board will not provide any payment for pain and suffering and other parts of your claim. As a result thousands of injured workers will not explore ways of getting their case out of the workers compensation review board. Each year thousands of employees are hurt while using a hydraulic lift/operate device. In such cases you can pursue an independent claim against the manufacturer of the product. This independent claim does not fall within your workers compensation claim and will allow for full recovery of all injuries. In order to determine whether you are eligible for this type of claim you need to discuss all the facts with your attorney. Generally if it can be found that a third party i.e. manufacturer was responsible, then you can pursue your third party claim against the manufacturer for your injuries.
Hydraulic Lift DefectA product can be defective for a number of reasons. If the product fails to work or perform as intended then it can be considered a defective product for the purposes of litigation. Products can be considered defective when they have inherent design flaws or other related issues. Three common types of defects include failure to warn defects, manufacturing defects or design defects.
Failure to Warn DefectFailure to warn issues arise when the manufacturer fails to warn of a defective condition which exist with the product. For example if the manufacturer knows of a defect and fails to warn users of its potential dangers they can be held responsible for subsequent injuries. In certain cases failure to inform of even obvious dangers associated with the use of the product can expose the manufacturer to liability.
Manufacturing DefectManufacturing defects are defects which result from some error in the manufacturing process. This can include a assembly error or other fatal error which results in the product becoming defective. When there is an assembly error at the time of manufacturing it is considered a manufacturing defect. In such cases the manufacturer will be held responsible for any injuries which occur.
Design DefectsDesign defects are those which occur because of a inherent prototype error. These errors are those which are persistent in every single product designed by the manufacturer. This is because of the actual prototype which the product was based on. If the original design or prototype is defective then there is a high likelihood that subsequent designs or models will also be considered defective. These types of errors are considered design defects and will hold the manufacturer responsible for injuries sustained.
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In any product liability case the manufacturer of the product will be held responsible for the injuries sustained. The law states that all commercial resellers in the chain of distribution will be held liable for the injuries sustained by the resell or distribution of a defective product. It is not required that the manufacturer know of the defect, merely that they put into production or the stream of commerce a product which is defective.
Hydraulic Lift Rental Company LiabilityIn certain cases the lift company responsible for renting out the product will also be held liable for the injuries you have sustained. When rental companies fail to inspect hydraulic lifts they can be held liable for failing to inspect the unit. In such cases the rental company can be held liable for failure to properly inspect the hydraulic lift before renting it out.
Common InjuriesHydraulic lifts can cause devastating injuries, which can crush the spinal column causing paraplegia or other spinal cord injuries. Here is a list of some common injuries:
- Spinal cord fracture
- Paraplegia caused by injuries to the spine
- Broken shoulder blade
- Back injuries
- Leg injuries
- Damage to ribs
- Spine compressions
- Occular injuries
- Traumatic hand injuries
- Brain injuries