Some individuals have job duties that require them to use dangerous equipment. While manufacturers usually take steps to ensure that these products are as safe as possible, there are some products that can’t be made fully safe. These are known as unavoidably unsafe products.
A person who works with these kinds of items must ensure that they’re following all the proper safety guidelines when they’re using it. This includes only using it for its intended use. For example, you don’t want to use a chainsaw for anything other than it’s intended uses.
If you’re injured while using a piece of equipment that’s unavoidably unsafe, that doesn’t necessarily mean that you can’t recover compensation for your injuries.
Several things must be considered when you’re reviewing your options. The way the product was manufactured and the way it was marketed are considered. The way the usefulness stacks up against the risks of the product is another factor. The presence of any alternatives is also taking into consideration.
Some cases hinge on the fact that the manufacturer could have done something different to make the product safer. When this is the case, it must be shown that the product wouldn’t lose its usefulness and that it wouldn’t have added too much to the cost of the product to make the change. For example, adding a blade guard to a saw shouldn’t be too much of an issue, but not having one could lead to a serious injury.
When injuries due to an unavoidably unsafe product occur at work, the worker might opt to pursue a third-party claim against the manufacturer of the product. Working closely with an attorney who can help you to determine the suitability of this claim and how to move forward might make the process less stressful.