Defective Tools And Machinery: When A Product Defect Causes A Workplace Injury In Ohio
When a tool or machine fails on the job, the easy assumption is that the injury falls under workers’ compensation. However, when the failure stems from a design flaw, a manufacturing defect, or inadequate warnings, injured workers may have an additional claim against the manufacturer or distributor.
Our experienced Sandusky personal injury lawyers explain how to establish this type of claim and common defenses that those at fault often use to avoid liability.
Establishing an Ohio Product Liability Claim
Under Chapter 2307 of the Ohio Revised Code, injured workers in Sandusky may be entitled to file a claim against manufacturers, distributors, or others involved when a defective product causes harm. A viable product liability claim involving defective tools or machinery generally requires establishing one of three types of defects:
- Manufacturing defects, such as a power tool with a wiring flaw not present in other units of the same model.
- Design defects, such as when a saw lacks an adequate blade guard, which a reasonable alternative design could have included.
- Failure to warn, in cases where the manufacturer or distributor failed to provide adequate instructions or warnings about a known hazard, such as kickback risks on certain power equipment.
Under state law, tool and machinery manufacturers can be liable if the product was defective when it left the manufacturer’s control, and was a direct and proximate cause of the injury. The worker does not need to prove the manufacturer was negligent, only that the product itself was defective.
Common Defenses Manufacturers Raise In Defective Equipment Cases
Product manufacturers and their insurers rarely concede that a product was defective. These cases often turn on whether the injured person can overcome a predictable set of defenses. These include:
- Product misuse, where the manufacturer or distributor argues the equipment was used in a manner inconsistent with its intended purpose or instructions.
- Substantial modification, involving claims that the product was altered.
- The “state of the art” defense, in which the manufacturer argues that the product met the best available industry standards and technology at the time it was made.
- Assumption of risk, in which the manufacturer asserts that the user knew of a specific hazard and proceeded to use the equipment anyway.
- Compliance with industry or government safety standards, such as ANSI or OSHA standards.
- Causation disputes, in which insurers argue that something other than the alleged defect, such as operator error, actually caused the accident.
Overcoming these defenses typically requires showing that a safer alternative design was available and could have been implemented without sacrificing the product’s value or usefulness.
Request a Consultation With Our Experienced Sandusky Personal Injury Lawyers Today
When workplace injuries in Ohio happen due to defective tools and machinery, manufacturers, distributors, or others can be held accountable. Our Sandusky personal injury lawyers have over four generations of experience in these cases and fight to get you the compensation you deserve.
For trusted, professional legal representation, contact Murray & Murray. We serve clients throughout Sandusky, Ohio, and the surrounding areas. Request a consultation today.
Sources:
codes.ohio.gov/ohio-revised-code/chapter-2307
codes.ohio.gov/ohio-revised-code/section-2305.10