Scranton Equipment Malfunction Lawyers

Equipment malfunctions are defects that cause a piece of equipment to function improperly. Some malfunctions represent only minor inconveniences – but others cause very serious consequences, including injury and death. If you are hurt on the job in Scranton because of an equipment malfunction, you may have grounds for a third-party lawsuit. When products or equipments fail in ways that could not reasonably be expected and cause serious harm to workers or employees, the manufacturers may be liable for the ensuing damages.

Under PA workers' compensation laws, you typically cannot sue your employer for an injury related to your job because you are eligible to apply for compensatory injury benefits through their workers' compensation insurance carrier. However, if your injury was attributable to a third party that is not your employer – such as the manufacturer of a piece of defective equipment – then you may bring a product liability suit against that company.

In order to prove a case of equipment malfunction, you must be able to demonstrate that one of the following types of defects existed:

• Design defect: This is a problem inherent in the design of the equipment that led to your injury. A safety harness with straps designed only to support an adult of below average weight, for example, would be a design defect.
• Manufacturing defect: This is a problem that occurred during manufacturing. The equipment design may be perfectly fine, but some flaw or miscommunication during production caused a defect. A ladder assembled using the wrong batch of screws, leading to a collapse, would be an example of a manufacturing defect.
• Failure to warn / inadequate labeling defect: This is a problem with the way the equipment is labeled or a label that fails to warn customers of potential dangers. These include risks associated with using the item both correctly and incorrectly – if potential hazards of incorrect use are known by the manufacturer. A toxic can of cleaning fluid without visible warnings against human consumption would be an example of a failure to warn defect.

Equipment malfunction cases are complicated. Product liability is a very complex field that requires extensive knowledge of the law and familiarity with relevant occupational experts, such as engineers, chemists and others. Whether the malfunction is due to poor design or substandard manufacture, those responsible may be subject to defective product liability litigation. A successful claim against a third party for equipment malfunction will typically involve the testimony from experts to establish how the defect occurred. The equipment manufacturer may try to claim that the worker was to blame for unsafe behavior – or that the equipment itself had nothing to do with the injury. Only an experienced Scranton workers’ compensation attorney familiar with third party work injury cases can provide effective legal representation – and obtain the compensation victims need to move forward with their lives.

The Scranton workers' compensation lawyers at Munley, Munley & Cartwright, P.C. have more than 40 years of experience fighting for the injured. Our offices in Scranton and Wilkes-Barre provide direct access to local communities where workers' compensation matters are litigated.

Our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through teamwork and the use of our considerable resources and experience. If you have been hurt on the job due to an equipment malfunction, please contact us online or by telephone 1-800-318-LAW1 today for an assessment of your case.