What is an industrial product liability case?
An industrial product liability claim alleges that the manufacturer, designer or marketer of a product is responsible for harm that was suffered by someone who used a piece of industrial machinery or equipment as intended. Such a lawsuit seeks compensation for the injury victim’s medical expenses and other losses.
Industrial product liability cases may revolve around any kind of machinery, equipment or power tool that has allegedly caused someone to be injured or killed. The machinery may have had a defective design that contributed to an injury or lacked safety devices such as an emergency shut off switch or guards to prevent injury. The law is similar to that applying to consumer products that have a design or manufacturing defect. We’ve all heard of GM’s recalls of millions of automobiles because of design defects linked to accidents that caused injuries and deaths. Less well-known are the hundreds of Consumer Product Safety Commission recalls announced almost daily.
An industrial product liability case alleges that the manufacturer knew or should have known that the equipment, power tool or machinery in question:
- was designed or manufactured in a defective manner, such as without a safety device,
- posed a risk of injury that was not adequately explained in warnings or instructions in marketing material or package labeling,
- did not perform as advertised or described by the manufacturer.
Product liability lawsuits may also be filed against product assemblers, retailers, repairers and/or parts suppliers, depending on the circumstances of the case.
Such a lawsuit may seek to obtain compensation for medical expenses, loss of income, property damage, pain and suffering and other losses.