Dangerous Tools and Equipment
When tools break, malfunction, lack warnings or instructions for their safe use, or are inherently dangerous – whether they are used in factories, oilfields or construction sites, or even home improvement or gardening – they can cause severe injuries or even death. Gilbert Adams Law Offices, a Beaumont personal injury law firm since 1930, is committed to supporting injury victims across Texas. With a long history of experience dealing with dangerous and defective products under Texas products liability law, our team understands the complexities of cases involving dangerous or defective tools, and we are dedicated to helping victims navigate the legal landscape to seek the justice and compensation they deserve.
What Constitutes a Dangerous Tool?
A dangerous tool is any tool that, due to design flaws, manufacturing defects, or inadequate warnings or instructions, poses an unreasonable risk of harm to its users. These risks can include, but are not limited to:
- Electric shock or electrocution
- Pinch points, cuts or amputations
- Burns or explosions
- Eye injuries from flying debris
Common examples of tools that may become dangerous include power saws, drills, nail guns, ladders, and even seemingly benign tools like hammers and screwdrivers that are defectively designed, marketed or manufactured. More complex equipment like press brakes or moving equipment such as tractors or dozers can cause severe injury or death when the foreseeable risks are not eliminated at the design stage or the product was distributed without adequate warnings or instructions. Customized tools or equipment found in processing plants or equipment such as mixers, conveyors and palletizing equipment can be equally dangerous.
Legal Framework in Texas for Dangerous Tool Injuries
In Texas, the legal framework surrounding equipment-related injuries primarily involves product liability law. Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Three main types of defects can lead to product liability:
- Design Defects: Flaws in the product’s design that make it unsafe for the ordinary user or consumer.
- Manufacturing Defects: Errors during the manufacturing process that lead to product failure.
- Warning Defects: Failure to provide adequate instructions or warnings for the product’s use under reasonably foreseeable circumstances.
Victims of tool-related injuries can file a lawsuit under these categories if they can demonstrate that the tool was defective and that the defect directly caused their injury. At Gilbert Adams Law Offices, we offer comprehensive legal assistance for victims of tool-related injuries. Our approach includes:
- Investigating the Incident: We thoroughly investigate the circumstances surrounding your injury to gather crucial evidence.
- Identifying the Defect: Our team works with experts to pinpoint whether the injury was due to a design, manufacturing, or warning defect.
- Navigating Product Liability Laws: We understand the nuances of Texas product liability laws and how they apply to your case.
- Seeking Fair Compensation: Our goal is to secure compensation for medical expenses, lost wages, pain and suffering, and other damages.
It’s also important to know that a non-subscribing employer might be liable for a tool-related injury if the tool was not defective when purchased. If the employer failed to replace a broken tool or one that has passed its useful life, they could be liable for injuries caused to a worker or co-worker if the tool fails during use and causes injury. Likewise, employers who disable safety features or don’t provide their employees with protective gear when working with dangerous tools could also be liable for injuries that flow from the employer’s negligence or misconduct. An experienced product liability and personal injury attorney will take the time to investigate and determine the proper party liable for the injury and take the appropriate actions to hold them accountable for the harm they have caused.
Steps to Take After a Tool-Related Injury
If you or someone you know has been injured by a dangerous tool, consider taking the following steps:
- Seek Medical Attention: Your health is the top priority. Ensure you get immediate medical treatment for your injuries.
- Preserve the Tool: Keep the tool in its post-accident condition. Do not attempt to fix or alter it, as it is crucial evidence.
- Document Everything: Collect and preserve all evidence related to the incident, including photographs, medical reports, and witness statements.
- Consult a Personal Injury Attorney: Contact Gilbert Adams Law Offices to discuss your legal options.
Help With Dangerous Tool Injuries in Texas
Dangerous equipment or tools pose a significant risk, and when injuries occur, victims have the right to seek legal recourse from the proper responsible party. Gilbert Adams Law Offices, with our commitment to personal injury victims throughout Texas, is here to guide you through this challenging time. If you have been injured by a dangerous tool, contact us today to discuss how we can help you in your pursuit of justice and compensation.
If you or a family member has been injured by a dangerous tool, reach out to our personal injury and wrongful legal team today by calling 409-835-3000 for a free consultation. Our compassionate and dedicated lawyers serve clients in Beaumont, Houston, and statewide throughout Texas.