Farming and construction are vital sectors that create the backbone of our economy. The creation of our food supply and building infrastructure requires large and powerful machinery. While machinery can be magnificent, large machines can also be deadly. This equipment has the potential to inflict significant injury or in worst-case scenarios, even wrongful death.
Tractor or equipment overturns can turn into complex cases to prove that these large pieces of machinery were not the fault of the operator. To ensure that you or your loved one gets proper representation, contact our Dallas Tractor or Equipment Legal Representatives today for a free evaluation of your claim.
Types of Tractor or Equipment Overturn Accidents
Strict Liability Claims
Tractor and other agricultural or industrial equipment are complex pieces of machinery that require proper manufacturing and quality assurance controls. Unfortunately, some manufacturers may skimp on costs and fail to properly create systems that ensure their machines are properly installer. Even wore, some manufacturers may be aware of a faulty design and fail to properly recall equipment when learning of the safety hazards of their equipment
Lack of proper design, proper manufacturing, and failure to warn (ex/Failing to mention proper risks in the instructions) all fall under a theory of liability known as strict liability. What this means is that the manufacturer of a machine could be found to be liable no matter what their intent was for failing to take proper precautions based on statutory law. When these types of accidents occur, plaintiffs have a strong case if they have the evidence on their side, as the manufacturer has limited defenses it’s able to put up.
Regardless of the industry, heavy equipment accidents are not uncommon. According to the National Safety Council, the primary cause of a farmer’s injuries and death while on the job is due to tractors. Forklift accidents are estimated to account for 400 and 85 wrongful deaths each year. Workplace accidents warrant special considerations because employers are responsible for injuries that occur for employees acting within the scope of work. Proper safety training, routine inspections, and adequate oversight are general standards that employers can institute to prevent injuries from occurring.
Examples of Tractor or Equipment Overturn Accidents
Below are some of the more common tractor or equipment overturn accidents that are commonly brought by plaintiffs:
A proper lawyer for defendants will assert any excuse possible to keep their client from paying for a plaintiff’s injuries. For tractors or equipment overturns, the most common defense asserted is that the operator of the machinery used it in a way that led to the injury occurring. The reason that defendants will assert this defense is that even if the victim’s negligence is proven not to be the sole cause of the injury, any proof of negligence on the victim’s behalf can lead to a reduction in recovery. In previous times, contributory negligence could be seen as a complete bar to recovery. In modern times, however, Texas has adopted a “modified” standard of contributory negligence. Plaintiffs will be able to recover if their own negligence was not more than 50% but reduced by the amount their negligence contributed. If more than 50%, then their negligence is a complete bar to recovery.
To prove the negligence of employees, the same factors mentioned above may be pieces of evidence pointed out to by employers. They may show that the employee was properly trained and so there must have been a mistake by the employee if an injury were to happen. They may also point to evidence that their equipment is properly maintained. The legal strategy employed can be an important factor in how your case plays out.
Meet Our Dallas Tractor or Equipment Overturns Attorney
The people who provide the crucial resources of our society deserve protection from our society. You or your loved one deserve just compensation for an employer or faulty machinery that leads to a tractor or equipment overturn injury. At Mathias Raphael PLLC Accident & Injury Lawyers, we will fight so that you get the representation you deserve.
Contact us today for your consultation to talk to our qualified Dallas tractor or equipment overturn lawyers.