Houston Equipment Malfunction Work Injury Lawyer
Were you hurt on the job in Houston because of an equipment malfunction? If so, you could have several avenues for pursuing compensation for your medical bills, lost wages, pain and suffering, physical impairment, and other losses, including by filing a lawsuit against the at-fault company or third party for the equipment failure.
For over 25 years, The Callahan Law Firm has fought for accident victims in Houston, helping them fight for full compensation for their injuries. We purposefully limit how many cases we take on at a time, allowing us to focus our attention and effort on the clients we represent. We have the knowledge, experience, and resources to handle even the most complex injury cases. Our track record in handling cases and maximizing their value, whether during settlement negotiations or at trial when necessary, speaks for itself.
Contact The Callahan Law Firm today for a free case evaluation with our Houston equipment malfunction work injury lawyers. We are ready to listen to what happened to you, evaluate your options, and help you pursue the money and justice you deserve from those responsible for your injuries and damages.
How Do Equipment Malfunctions Happen at Work in Houston?
Work equipment can malfunction because of several different causes, such as:
- Design defects and manufacturing defects that render equipment unsafe and at risk of malfunctioning
- Inadequate warnings and safety mechanisms
- Inadequate or negligently performed maintenance
- Lack of procedures for the safe use of the equipment
- Improper use of equipment
- Wear and tear that is not identified or repaired
Jobs Where Machinery Malfunctions Are Common
A few examples of industries that have a higher risk of injury due to machinery malfunctions include:
- Oil and gas production including work at land-based oil well sites
- Oil and gas transmission through pipelines, pumping stations, meters, and valves
- Oil and gas refining including petrochemical refineries and chemical plants
- Maritime including work on offshore drilling rigs and vessels
- HVAC installation and maintenance
- Automotive repair
- Agriculture and fisheries
Can I Sue the Manufacturer of Malfunctioning Equipment?
You may have a legal claim against an equipment manufacturer for an injury caused by a design defect or a manufacturing defect in the equipment or one of its components. In general, a design defect is a defect in the design or specifications of the equipment that renders it unreasonably dangerous for its intended use. A manufacturing defect is a defect in the manufacture, fabrication or assembly process that makes otherwise safely designed equipment unreasonably dangerous. And a marketing defect is a defect in the marketing – such as an inadequate warning – that renders the product unreasonably dangerous. There are additional legal elements that must be proved, but that is the essence of certain defective product cases in Texas.
If an unsafe piece of equipment or component of that equipment injured you, you may be entitled to compensation for the harm you suffered as a result. That can include money for:
- Medical treatment and rehabilitation costs, including hospitalization, surgery, prescriptions, physical therapy, and occupational therapy
- Costs of long-term care for permanent disabilities you suffer due to your injuries
- Loss of income after missing time from work or going on part-time or modified duty while you recover from injuries
- Loss of future earning capacity due to disabilities from your injuries
- Physical pain and anguish
- Physical impairment because of your reduced ability to perform physical activities because of your injury
- Emotional trauma and distress
- Disfigurement as a result of scarring, amputation or other
Who Else Could Be Held Liable in an Equipment Injury Personal Injury Lawsuit?
In addition to the company that designed and manufactured the defective product, other parties who could be liable for the injuries you suffered because of an equipment malfunction include:
- Company or person that operated the equipment
- Company or person that brought the equipment onto the worksite
- The equipment retailer or equipment seller
- The equipment distributor
- The equipment leasing company
- Mechanics or maintenance companies responsible for fixing or maintaining the equipment
- Other third parties
To What Extent is My Employer Responsible for My Injuries?
It’s important to understand how workers’ compensation laws could affect your case. Workers’ comp provides covered employees with very limited benefits for medical care and a percentage of lost wages after an on-the-job injury. That is true if the employer was covered by workers’ compensation insurance at the time of the injury. In exchange for these benefits, under Texas law the injured workers cannot sue their employers for negligence. The exception, however, is when a worker suffers a fatal injury because of the gross negligence of the employer. In that instance, a lawsuit can be filed against an employer who had workers’ comp.
However, employers in Texas are not required to carry workers’ compensation insurance, and many don’t. Employers that do not participate in the workers’ compensation system can be sued for negligence that causes an employee’s injuries. If your employer is at-fault for your injury and did not have workers’ compensation insurance at the time of the injury, you could be able to recover damages from your employer if their negligence caused or contributed to your injuries and damages.
What Other Options Do I Have, and How Our Lawyers Can Help With Your Equipment Malfunction Claim
If you were injured at work by an equipment malfunction, you may be able to pursue a claim and file a personal injury suit against an at-fault company that was not your employer. This would include the company that designed, manufactured, marketed, sold, or otherwise distributed the defective equipment. Any personal injury claim is complex, but defective product claims are especially so and require experienced legal counsel to succeed. At The Callahan Law Firm, that is what we are here to do. While you focus on your medical treatment and physical recovery, let the attorneys of The Callahan Law Firm fight for maximum compensation for you.
Our lawyers are ready to help you by:
- Investigating the underlying circumstances of the work accident and securing evidence needed to support your claim and win, including the equipment and any defective components, accident reports, surveillance footage, accident scene photos and videos, and witness statements
- Identifying which parties may have liability for your injuries and losses
- Discussing your legal options with you, including whether you can pursue a personal injury claim against your employer as well as any third party including a product manufacturer
- Documenting your injuries and losses so we can support your claim for full compensation, including for future medical care expenses and lost income
- Working with engineering and product design experts to build a persuasive case showing the product defect and how that defect caused the equipment to malfunction
- Filing insurance and legal claims on your behalf with the liable parties and their insurers and aggressively working to negotiate a fair settlement that compensates you for your losses
- Going to court and trial when necessary to tell the story of what happened, why it happened, and ask a jury to compensate you for the injuries and damages caused by the equipment malfunction
Steps to Avoid Being Injured by Equipment Malfunction
Taking the following steps can reduce the chances of an equipment-malfunction injury:
- Follow the manufacturer’s recommended maintenance schedule for equipment.
- Maintain a regular inspection schedule to check equipment for wear and tear.
- Document any equipment malfunction with your employer and any company responsible for the equipment
- Report any suspected issues with equipment.
- Install monitoring systems and software on equipment to signal the need for preventative maintenance before a malfunction happens.
- Install guards or lock-out/tag-out devices to prevent accidents caused by a malfunction.
- Remove any defective machinery from service.
- Wear personal protective equipment such as hard hats, safety goggles, gloves, and aprons.
Unfortunately, these steps cannot completely eliminate the chance of an equipment malfunction that causes a work injury. If you or a loved one were hurt on the job by an equipment malfunction, talk to our attorneys immediately.
Contact Our Malfunctioning Equipment Injury Lawyers for Legal Help Today
Were you injured on the job because of an equipment malfunction? Contact The Callahan Law Firm today for a free, no-obligation consultation to find out how our Houston malfunctioning equipment injury lawyers can help. We offer free consultations. Learning more about your options for pursuing compensation comes at no cost or obligation.