Defective Products
Product manufacturers have a responsibility to produce safe
products. If you or your loved one suffered an injury due to a
defective or unsafe product, you have the right to seek
compensation. We have experience representing clients suffering from
injuries resulting from all types of products, from simple household
items to complex machinery. We also have significant experience
representing clients injured as a result of unguarded machinery,
defective ladders and defective auto components. When a motor
vehicle component malfunctions, the safety of your vehicle, which
you depend on, may be compromised and you could be seriously
injured.
WHY YOU WERE INJURED BY AN UNSAFE PRODUCT AND
WHAT ITS DESIGNER KNEW TO DO BUT FAILED TO DO TO INCREASE COMPANY
PROFITS AT THE EXPENSE OF YOUR PERSONAL SAFETY
One of the most overlooked sources of compensation when a workman
has suffered an on the job injury is in the area of defective
products. Too many injured people limit the scope of their recovery
simply to worker's compensation payments. They fail to look at the
broad picture and sometimes that's through a feeling of guilt. They
feel that they were responsible for causing the injury, especially
when dealing with machinery and equipment. Machine builders have
long known that they must ELIMINATE THE HAZARD. That's job
one. If the hazard is eliminated, there is no way that the worker
can be injured. An illustration of eliminating the hazard in
construction would be to build an automobile highway overpass above
a railroad track. When that is done, the hazard is eliminated and
you cannot have an automobile/train wreck.
When the hazard cannot be eliminated by designing it out,
engineers and designers drop back to the less effective method of
attempting to PROPERLY GUARD a machine. An example would be
to make it impossible for the worker's hands to be inside the
machine when the machine is operating. Since the Civil War
manufacturers of machines have known about interlocks. You
use interlocks everyday. The simplest illustration is the button on
the inside of your refrigerator that turns off the light when the
door is closed. When machines are equipped with interlocks, the
power is off when the machine's guard is up. When the guard comes
down, there is no "nip point" where a hand or foot can be grabbed
and pulled into the machine and injured because a properly designed
guard prevents injury. When it works, guarding is good. We have all
seen those gates (guards) that come down and block your car from
getting on the railroad tracks and in front of the train. But the
guard must be adequate and that is often where it falls
short. Injury occurs when the machine has not been properly designed
with adequate guards or with guard a that can been easily removed by
simply turning a few screws. Guards should have an interlock to
prevent the operation of a machine when the guard has been removed.
Workers who have been injured by an unguarded machine often feel
that it is their negligence that injured them when in fact it was
the negligence of the manufacturer who had a duty to eliminate the
hazard or adequately guard the hazard and prevent the injury.
Believe us, they know how. The reason that they are not eliminating
the hazard is simply the fact that they are trying to save money by
not building in safety and placing more value on profits than they
do on your life or limb.
Lastly, when they cannot design out the hazard or guard against
injury by the hazard, a manufacturer falls back on the least
effective safety factor which is WARNING ABOUT THE RISK. But
the warning must be effective and adequate. Many, many lives are
lost each year by inadequate warnings. An example would be no gate
at the railroad crossing but a simple black and white cross stating
"Railroad Crossing" with no bells, whistles or lights. Or the use of
a warning sign near electricity that is simply not worded strongly
enough so that a worker can appreciate and fully understand the
hazard. Rather than simply put up a sign that says "Danger." The
sign should go further and explain that death or injury will result
if you touch their wire or get to close enough for the electricity
to arc and reach out to you.
GOOD EXPERTS MAKE YOUR CASE
These recognized, scientific safety principles are well known to
the experts that we employ who assist us in turning a case that the
uncreative mind would consider hopeless into a winner by explaining
how you should have been protected to a jury in such a simplified
manner through the application of known safety science, that they
will react in your favor. Understanding that all people make
mistakes but their ability to make mistakes can be designed out of
the product or machine in the first place so that a lapse of memory
on your part will not injure you permanently or take your life away
prematurely from your loved ones is the job of a good expert and we
know where to find them to help you.
If you or a loved one has been injured due to a defective or
dangerous product, call us at once and retain that product as that
is your evidence. We will meet with you at NO CHARGE to
discuss a possible claim for damages.
New Website Offers "One-Stop Shop" for Recalls:
The federal government now offers a "one-stop shop" web site for
tracking recalls of defective products. The site, available at http://www.recalls.gov/, links to recall
information posted on the web sites of six federal agencies, the
Coast Guard, the Consumer Product Safety Commission (Defective
Products), the Department of Agriculture, the Environmental
Protection Agency, the Food and Drug Administration (Defective
Drugs), and the National Highway Traffic Safety Administration
(Defective Motor Vehicles).
Telephone: (601) 952-0799
We serve clients in the Jackson Metro area and
the communities of Bolton, Brandon, Byram, Clinton, Edwards,
Madison, Pearl, Raymond, Richland, Ridgeland, Terry, and Utica. We
also serve clients in the counties of Copiah, Hinds, Leake, Madison,
Rankin, Scott, Warren and Yazoo, as well as many others throughout
the State of
Mississippi.