Florida Hazardous Machinery Lawyers

Machine Hazards Pose Risk To Workers

Defective design is a problem sometimes attributed to faulty automobiles, but we find too that some workers are exposed to defective design while on the job that can put them at risk. Defectively designed machines kill hundreds of workers every year and injure them by crushing or amputating a limb. Because a machine can be in operation for 50 years, it’s important to determine whether the original machine or a retrofit or alteration to it has increased the dangers. The designer of the original machine has a duty to determine if there is any entrapment hazard, for example. If the design cannot be altered to prevent the hazard, then the machine maker is obligated to guard against entrapment before the machine is sold. There also needs to be a warning. The Occupational Safety and Health Administration (OSHA) standards mandate this action.

If the original manufacturer fails to do a safety analysis and a hazard exists resulting in severe injury or death, the machine maker can be held liable. Before we determine if an original machine maker marketed an inherently dangerous machine, we must determine if any modifications were made to that machine over its lifetime. Any one or business that decides to modify a machine must do so in a reasonable manner so as not to create a hazard. After a modification to a machine, another safety analysis should be conducted. In some cases, an altered machine might be made more dangerous to the operator.

The bottom line is that all identified and potential hazards need to be clearly labeled so the user knows what he or she is facing. A failure to do so can also result in a legal liability.

For a free evaluation of your case, call our Jacksonville office today at 1.800.670.8815