The harmed party must first discover why the equipment was faulty. If "wear and tear" was the reason, then it is the employer’s liability. Employers have a legal responsibility to manage and inspect equipment correctly and declining to do so suggests they were possibly negligent.

Nevertheless, sometimes the equipment itself is faulty. Even with proper maintenance, the equipment faults due to a inadequate design or defective parts. In this instance, it is the manufacturer that can be held accountable.

Sometimes mishaps concerning equipment happen not because of the equipment itself, but because of the efforts of the equipment operator. If the worker knew that the equipment was defective, and proceeded to use it anyhow, that person could be held responsible. Even if the worker is the one injured, it is plausible for the liability to fall on that person. That is why it is necessary to get sound legal advice when handling an injury case involving defective equipment.

In multiple cases, there are two people that are held accountable. Both the employer and the manufacturer, for instance, can be held responsible. If the equipment was defective, the manufacturer is to blame, but if the employer chose to use it anyhow, they too are responsible.

Negligence and Fault Must Be Considered

In defective equipment cases, the main question is discovering what fault conclusively caused the mishap. Is the fault in the equipment, or in activities concerning the equipment? Did the fault come from the company or from how the equipment was managed at the site of employment? Then, after figuring out fault, the next problem lies in defining negligence. Did someone’s carelessness lead to the incident? Usually, asking these two major questions will undoubtedly show where the liability rests.

If you have any more questions about Work Place Injuries contact The Davis Law Firm at (803) 531-3888