Injured using a scissor lift? Injuries from a scissor lift can be devastating. The hydraulic force of the equipment is sufficient to deliver painful and often life altering injuries. Many injuries occur because of user negligence or a defective product. The United States Department of Labors has established specific OSHA safety standards for the proper workplace use Scissor Lifts. Knowing whether you have a cause for a claim is important. Read the following if you have been injured in a scissor lift accident.
Types of Lifts: There are many types of scissor lifts used for various purpose including industrial, construction and automotive. Some of the most common are as follows.
- Heavy Duty Truck Lifts
- Motorcycle Lifts
- Industrial Scissor Lifts
- Boat Lifts
- Hydraulic Freight Lifts
- Portable Stacker Lifts – Pallet Stackers
- Mid Rise Scissor Lifts
- Full Rise Scissor Lifts
- Sidewalk Lifts
Defective Scissor Lift Injuries – How to Prove Your Claim
A scissor lift that fails to function in the manner it was intended can be considered a defective product. Proving whether a product is defective depends on a number of factors, such as whether there was a design defect, a manufacturing defect or a improper warning labels affixed to the product. To better understand the cause a product liability attorney will need to know all the details surrounding the incident. Generally an expert will be consulted as needed to better determine whether alternative designs or safety features existed to avoid the injury. While it may be the case that you were partially at fault for your own injuries, many times a manufacturer of the product can also be at fault. Manufacturers who market or sell such product along with all others involved in the sale can be held liable for your injuries. If there is an injury that took place make sure you keep all evidence regarding the product in its post accident condition. Often times your claim can be reduced in value if any of the evidence is tampered with. Read below for what do after a scissor lift accident.
Are rental companies liable for Scissor Lifts Accidents?
A rental company can be held liable if they rented a defective unit to a customer. While rental companies are generally charged with a duty to inspect the unit before renting to another customer. However, many times they fail to actually inspect the product. If the rental company does not have the proper service or maintenance records showing they serviced the product they can be held liable. However, even if the rental company is not liable manufacturers can still be held responsible if a defect is determined to exist.
Liability for Injuries
Who is liable or responsible for my injuries? If the product is deemed defective then any person within the commercial chain of distribution will be held responsible. This can include rental companies, retailers, distributors and manufacturers. California law allows you to seek recovery from anyone involved in the sale of the product. It is not required that they know of the defect prior to the sale. So long as the product is not tampered with then it liability will be imposed. Defective products are generally considered defective for three reasons which include, a manufacturers defect, design defect or failure to warn defect.
Manufacturing Defect: A manufacturer defect exist when the product is inherently defective from the prototype design. Manufacturing defects may not apply to all product and can be specific to that singular product. In other words because of some issue in the manufacturing or assembly process that one particular product was defective.
Design Defect: Alternatively a design defect is when because of a poor design the product is considered defective. This can occur because of improperly designed products which fail to take into consideration inherent defects in a product.
Failure to Warn: Label warning defect are those that fail to consider the labels needed to warn consumers of possible dangers. When a manufacturer does not warn of injuries which can occur from the improper use of the product they can be responsible.
Employer Liability for your injuries: If the injury took place at work, then your employer may be liable for injuries. Employers are generally held responsible for injuries related to their employees scope of service. Employers must follow proper safety procedures and standards set by OSHA [Occupational Safety and Heath Administration] for inherently dangerous activities including the use of lifts. There are certain limitations which may apply to employer claims against employees for recovery of their injuries.
What to do after a scissor lift accident
Scissor lift accident can cause serious injuries. Your first goal should be to seek proper medical care for your injuries. Do not wait! It is critical to seek medical attention immediately. Often times you may not be aware of the extent of your injuries. A qualified physician can help you better understand your injuries. After you seek medical aid, speak to an attorney about your rights. You may even know that the product acted in a manner not in conformity with its intended design. In such cases, the injured party is not even aware that they may have a cause of action against a manufacturer for injuries sustained. Contact a defective product attorney at Downtown L.A. Law to help. Make sure you do not tamper with the evidence. This may be un-intentional, but you should refrain from tampering with the object at all. Often time injured parties want to inspect the property in order to understand what cause the sudden action resulting in injury. Or they return the item because they do not want to risk future harm. Both of these actions should be avoided until a qualified expert can determine the cause of the injury.
Los Angeles Defective Workplace Machinery Accident Lawyers Protecting Victims Across California
Our experts can determine the root of the injury, whether it was a mechanical failure, design issue or otherwise. In each instance there is a significant amount of information that can determined through proper investigation. If you have been injured by the use of a defective scissor lift whether at a construction site or otherwise, contact one of representative for help.