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Liability in Accidents Caused by Defective Product and Equipment Failure

By Edited Feb 10, 2014 0 0

The presence of faulty equipment in the workplace or your own house poses a great risk to everyone because it can suddenly malfunction, thus triggering the occurrence of an accident. Although using equipments has become essential today, it also paved way for accidents, injuries, and even fatalities.

Here are some examples of injuries that may be caused by faulty equipment:

· Electrical injury or shocks from a badly installed or poorly maintained equipment
· Different injuries that may be inflicted by a safety equipment that was not properly maintained
· Eye injuries caused by an unsupervised power tool
· Fall injuries caused by a ladder with a loose or broken rung
· Ear damage caused by a faulty headphone

Meanwhile, accidents caused by faulty equipment may be avoided if employers will do the following:

· Make sure that all equipments are properly maintained and stored in a safe place.
· Check if equipments are starting to deteriorate
· Train everyone how to use the equipments
· Remove dangerous or faulty equipments and have them repaired as soon as possible.

What is a Defective Product?

Defective products and faulty equipments are two related issues because both of them involve injuries caused by things that suddenly malfunction. The main difference is that defective product claims usually attaches liability to the manufacturer while faulty equipment might be caused by the consumer's negligence in properly maintaining it.

A person who sustained injuries due to a defective product is entitled by the law to file a product liability case, which may fall under manufacturing error, design defects, or failure in warning consumers.

Damages that may be received by the plaintiff after having a successful product liability case include the following:

· Lost wages- It is the money that the victim was not able to earn from the moment the injury was sustained until the day of the trial.
· Mental anguish- It involves any kind of emotional distress or mental suffering such as apprehension, worry, , ordeal, shock, grief, anxiety, mortification, humiliation, embarrassment, feeling of lost dignity, terror, fright, or nervousness.
· Future profits- It covers projected profits that the plaintiff will not be able to earn because of his injury.
· Medical expenses- It covers the bills for ambulance fees, emergency room treatment, nursing services, hospital stays, and doctors. Before the plaintiff is awarded with it, he should first prove that these expenses are connected to a condition that was caused by his injury.



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