Yes, legally if you suffered an amputation at work, and it was caused by a defective machine, you may be able to sue the maker of the machine for damages.
This would be in addition to any worker’s compensation you received.
By law, any manufacturing or retailing company who makes or sells a product for use by the public, such as a machine, has a legal obligation to ensure that the product is safe.
The product may have a design defect (where something was wrong with the design of the product), a manufacturing defect (where the product was incorrectly manufactured), or improper warnings or instructions (where the product was manufactured safely, but failed to include warnings about the use of the product).
If any of those defects occur, and a person is injured as a result, the company may be liable for damages that occur as a result of the defect.
Although this may sound simple to prove, it’s not. It can be tough to prove that products were improperly designed or manufactured or had defective warnings.
Normally, experts, such as engineers, must be consulted in order to prove that a defect occurred.
Also, if the plaintiff was injured because he or she improperly misused the machine, the case may be unsuccessful. Typically, in order to make such a case worth bringing, the damages must be fairly significant.
If you have suffered an amputation at work because of a defective machine, call me, Conal Doyle, Amputation Lawyer at 310-385-0567.
I am a personal injury attorney, as well as an amputee.
I enjoy helping amputees pursue compensation for their injuries. Call me today to learn how I can help on your case.