Safety Equipment for Construction Site
Producing physical labor, working with heavy equipment, and using machinery requires safety equipment to avoid accidents that harm and kill employees.
Often, eye protection, sensors, fall restraints, and safety guards are the only items standing between the worker and a traumatic injury or fatality.
An employee might still suffer serious injuries when using outdated or broken equipment that cannot pass inspection or protect the user. According to OSHA (Occupational Safety and Health Administration), employees in the United States sustain severe injuries every day due to a defective product.
Were you or a loved one injured by a defective product? You might be entitled to receive financial compensation to pay for your damages through a product liability lawsuit.
The personal injury attorneys at Rosenfeld Injury Lawyers, LLC maintain a successful litigating history of filing and resolving product liability cases on behalf of our clients.
Call us today at (888) 424-5757 (toll-free phone number) or fill out the contact form to schedule a free case evaluation. Our law firm is here to help.
Product Liability Cases
Personal injury attorneys specializing in Chicago product liability cases build their lawsuits on tort law, holding product manufacturers legally liable for any damage the product causes consumers in specific situations.
The “manufacturer” might be identified as any company that designs or makes the product or distributes and sells it.
The product liability attorney will build a product liability case showing that:
- The product used by all injured parties in the lawsuit was unreasonably dangerous
- A defective product design or faulty manufacturing process led to the victims’ injuries
- All of the case’s plaintiffs suffered real damage caused by the defective product
The personal injury attorney will hire expert witnesses to provide testimony during a deposition or at trial revealing how the defective component made the product dangerous.
The defect might include:
- A design flaw– The device’s design had a flaw rendering the finished salable product unreasonably hazardous to any user. For example, the machine safety guard’s defective design might have allowed the employee to reach far into the machine leading to severe injuries to their extremities.
- A manufacturing mistake– An error during manufacturing could render a safety component defective, leading to unsafe use. For example, a manufacturing flaw in a welder’s faceguard might allow dangerous light from the welder’s torch to cause temporary or permanent damage to their eyes.
- A marketing mistake– The salable safety product might have been improperly labeled, allowing the consumer to use the product in a way that might breach the warranty. For example, the products' manufacturer instructions to install or use the machine might lead to a severe risk of injury if the product is used without safety guards.
Typically, Chicago product liability attorneys have limitless possibilities when building a liability case against the manufacturer. An identifiable defect leading to the plaintiff’s injuries might prove the product liability case in court or help during the settlement negotiation process.
Revealing that the product had a dangerous defect in its design, manufacturing, or marketing could be sufficient to prove negligence.
Filing a Products Liability Workers' Compensation Claim
There is an intersection between product liability lawsuits and worker's compensation benefits when employees use safeguarding products that fail to perform as intended. Nearly all employers must carry worker's compensation insurance that pays the injured worker no matter what party is at fault for causing the accident.
Any time an employee is injured on the job, they have the right to obtain daily pay through the worker's compensation program, no matter whose negligence caused the accident.
Typically, the worker's compensation system provides minimal payments every week, usually two-thirds of the employee’s wages, to pay for damages, including hospitalization costs, medical expenses, and lost earnings. However, it does not include compensation for non-tangible damages, including mental anguish, emotional anxiety, pain, and suffering.
The injured employee must notify their employer concerning what happened in detail and file all necessary accident report paperwork based on company policy to receive benefits. A products liability claim will be submitted to the insurance company carrying the policy coverage to begin weekly or biweekly benefits until the worker has completely healed.
If the accident caused a temporary disability, the injured worker could receive benefits until they can return to work in a different position that might require training. If the disability is permanent, and the worker cannot return to any job, they might receive compensation until their retirement years.
Filing Claims Other Than Worker's Compensation Benefits
The monetary amount of benefits that the worker's compensation program provides is usually insufficient to meet the injured party’s financial needs. However, the injured party’s product liability lawyers may find other defendants that can provide additional funds through third-party claims based on tort liability law.
Most Chicago product liability claims are based on product malfunctions where the defect resulted in employee injuries. The victim’s product liability attorneys might show how the design or manufacturing defect increased the potential risk of having an accident.
In these cases, the lawyer will file a third-party lawsuit seeking compensation from the designer, manufacturer, or marketer that sold the product. The attorney might prove that the company concealed information, knowing that a problem with the product was never corrected.
When confronted with evidence, the designer or manufacturer failed to notify the public that defective products could cause harm. The product maker may have stalled and withheld information from consumers.
Others who might be at fault for causing the accident could include:
- An employer who failed to properly maintain the product through periodic maintenance to ensure worker safety;
- Maintenance crews that failed to perform repairs when needed to avoid injury;
- Companies that fail to properly train the worker on how to use the safeguard product but allow it to be used.
Product Liability Defective Products
Consumers, construction workers, patients, and other people can be seriously injured using defective products like heavy equipment, child safety car seats, and medicine (defective drugs and medical devices).
Many Chicago IL victims have had their product liability claim added to class-action lawsuits holding a product manufacturer legally accountable for damages involving hundreds or thousands of people.
Typically, a product manufacturer will resolve a product liability case by negotiating a settlement amount paid by their insurance company that holds their liability coverage.
Chicago Product Liability Attorneys
Did defective equipment cause your injuries or kill your loved one? The product defect attorneys at Rosenfeld Injury Lawyers have a successful track record of helping clients with product cases just like yours.
Contact us today at (888) 424-5757 (toll-free phone call) to schedule a free consultation to discuss your product liability case. Our Chicago, IL attorneys can hold product manufacturers financially accountable for compromising your well-being.
Let our Chicago, Illinois attorney team seek financial compensation on your behalf to cover your damages that might include hospitalization costs, medical expenses, lost wages, future lost earnings, pain, and suffering. Our defective product lawyers can hold the safety product manufacturer legally responsible for your losses.
Our legal team accepts all personal injury cases and wrongful death lawsuits on contingency fee agreements. This arrangement ensures you do not pay any upfront fees for our services. If we do not win, you owe us nothing.
Our Chicago product liability legal team currently follows CDC (Centers for Disease Control and Prevention) COVID-19 guidelines to ensure everyone’s safety. All information you share with our product liability lawyers remains confidential through an attorney-client relationship.
Our personal injury law office represents clients throughout the United States, including in Illinois, Cook County, DuPage County, Lake County, Peoria County, Sangamon County, Will County, and Winnebago County.