When a manufacturer provides instructions on maintaining and upgrading equipment, your employer may have breached a duty of care by neglecting to follow the provided guidelines. If your work tools have a design flaw or defect, you may file a legal action against their manufacturer.
An employer who fails to fix or repair equipment as its manufacturer recommends may face liability for your injuries. Employers may reduce the risk of accidents by providing safe tools and equipment to perform your job. According to Business.com, rules established by the Occupational Safety and Health Administration require businesses to maintain and upgrade equipment so their employees may work safely.
How may a manufacturer have responsibility for defective machinery?
Equipment manufacturers have a duty to design, test and ship products to their end-users in safe working condition. A tool or part that has a known dangerous component in the machine’s design must provide a noticeable warning of a possible injury.
The manufacturer of a rotating saw, for example, may need to place a visible warning label on it before shipping it to your employer. The label provides a reasonable warning that the saw’s blade could cause a serious injury if not used correctly.
How may a manufacturer or employer prevent a legal action?
You may seek compensation for relief from your injuries caused by an equipment malfunction or your employer’s failure to provide you with safe tools. Training in the proper care and handling of machinery may prove that you did not deviate from its intended use.
Pennsylvania employers owe a duty of care to protect the health and safety of their employees. When the risk of an injury is foreseeable, your employer must take reasonable action to prevent an accident. A manufacturer may also have responsibility for any injuries caused by a defective or flawed product.