Faulty machinery can injure nearly anyone. Automobiles, construction equipment, farm equipment, forklifts, ladders and scaffolding, landscaping equipment, power tools, and production line equipment are all examples of machinery that can be faulty.
Serious injuries, loss of limbs, and even death can occur from malfunctioning machinery. Sometimes the careless actions or inactions, legally known as negligence, of a manufacturer or another party may have caused the equipment to malfunction. If an individual can prove that this party was negligent and caused him or her to sustain injuries, he may be eligible for compensation.
To find out if you have a valid claim from faulty machinery, consult with a competent Boston faulty machinery lawyer. If you do, a dedicated attorney could help you seek the compensation you deserve.
Proving Negligence of the Defendant
Negligence is when an individual or entity fails to take reasonable care to do something and causes damage or injury to another party. When machinery is faulty, parties that may be found to be negligent include the manufacturer or a store that sells or rents the machinery. Each of these parties had a duty to provide the plaintiff with equipment that is well-maintained and in good working order. In a third-party personal injury case, the plaintiff has the burden of proving that these parties had a duty and did not adhere to that duty. The elements of an injury case are as follows:
- There was a duty to take care
- The behavior or inaction of the defendant did not meet the standard of care which a reasonable person would meet in the circumstances, referred to as a breach of duty
- The plaintiff suffered injury or a loss which a reasonable defendant should have foreseen
- The loss or injury was caused by the breach of duty, known as causation
If the accident happened at work, a worker may be able to pursue a third-party liability claim. This means a worker must prove that the manufacturer of the work equipment was negligent in its production, design, or marketing and thus caused him or her injuries. For assistance with proving negligence, a Boston faulty machinery lawyer could prove to be a valuable asset to your case.
According to Mass. Gen. Laws Ch. 231 §85, plaintiffs in faulty machinery lawsuits can be subject to comparative negligence rules. This law bar plaintiffs from recovering damages if they are more responsible for the accident that caused their injuries than the defendant. If they are partially responsible and less than 51% responsible, the number of damages that they can recover will be diminished in proportion to their percentage of assigned fault. For example, if a plaintiff is 40 percent responsible for an accident, he or she can recover 60 percent of the total damage award.
Speak with a Boston Faulty Machinery Injury Attorney Today
Injuries from faulty machinery can take months or even years to heal. During this time, you may face medical bills, pain, lost wages, and even emotional challenges. To help you recover both physically and financially, a knowledgeable Boston faulty machinery lawyer could help you pursue compensation for your losses. You have legal rights under the law and could take legal action after such an injury by calling today for a free case review.