
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 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.
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