As an employer in a factory or construction site, it is likely that you depend on industrial equipment in order for your company to generate profits. This equipment is usually very costly and performs critical tasks for production. Therefore, you would expect that this equipment will perform safely and without issue.
However, serious accidents in the workplace occur because of equipment that has malfunctioned. This can happen with almost any type of specialized equipment, from scaffolding and cranes to machines and trucks. If one of your employees becomes injured because of a defective piece of equipment, it is likely that you as the employer will have to react to a workers' compensation claim. However, you should make sure to consider taking action against the manufacturer for the damages caused.
Who is liable for the incident?
The Occupational Safety and Health Administration (OSHA) has regulations in place that all commercial equipment should meet. Employers have the responsibility to only provide equipment that meets these specifications. However, if a piece of equipment did not function as it was supposed to even if it was adequately maintained and inspected, it is possible that the manufacturer could be held liable under products liability law.
As an employer, you should make sure to have a full inspection of the equipment and make sure that a fair investigation is conducted after a workplace accident occurs. If you believe that the accident was caused because of a product defect, it is important that you could take action so that you are able to weigh your legal options.