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Inadequate Maintenance

Injuries from Inadequate Maintenance

Lack of proper maintenance can lead to serious injury and even death.  Those responsible for maintaining property can be held responsible under the law for the full damages and injuries that result when they are negligent in failing to keep property safe.  When injuries and even death occur in such cases, I work diligently in seeking full compensation on behalf of clients.

Situations in which injury or death can occur involving inadequate maintenance include:

  • Workplace – Most commonly these types of accidents arise from a failure to properly maintain work equipment or work places. A lack of cleaning can lead to slip and falls or improperly performing equipment which can cause more serious injury.
  • Common areas – This can include shopping centers, condominium complexes, apartment complexes, sidewalks, parks, etc. In all of these places slip and falls are common. Failure to remove snow and ice, or leaves, or the failure to repair sidewalks and walkways, create many injuries. It is extremely important that these areas be properly maintained to protect the people who may use these areas.
  • Stores – Grocery stores and other retail stores are well-known for slip and fall and trip and fall injuries. It is necessary that stores be kept clean and organized, not only to help the customer, but also to decrease the risk of injury. Spills on the floor or improper arrangement of products can cause serious injuries to customers.
  • Landlord/Tenant – When you reside in housing as a tenant, the landlord retains many of the duties to keep the property safe. This includes assuring that roofs and windows are in safe conditions, and assuring that stairs, walkways, floors, and doors are also properly maintained as to not cause injuries to tenants or third parties.
  • Roadways – The state or town has a duty to make sure that roadways are in a proper and drivable condition for those who will use them. It is unacceptable to allow roads to fall into such disrepair that people can be injured when using them. Proper condition means there should be no pot holes, trees blocking views or roadways, and that traffic control devices are properly located and in working condition.
  • Public Transit – There is also a duty to properly maintain those modes of transportation that are held out to the public. Trains, planes, subways, railroads, taxis, buses and the other transportation forms fall into this category. Not only do the mechanics of the machines need to be maintained, the interior like, seats, walkways, restrooms, etc. also need to be safe for the public to use.

In addition to the above, inadequate maintenance can result in accidents involving dangerous and defective equipment. Being employed in a position that involves the use of equipment can result in life-threatening injuries. Since equipment is often complex, it requires many safety measures to be in place. Should one of these precautions be overlooked, the results can be tragic.

Even if all the measures are followed, there are some instances where the product, itself, was poorly designed, not properly manufactured, or simply defective. These types of issues can also result in major injuries including:

  • Loss of limbs
  • Disfigurement
  • Cuts
  • Scars
  • Neck and back injuries
  • Head injuries
  • Eye injuries
  • Broken bones
  • Death

Liability for Defective Products

When an accident occurs there are many parties that may be liable. Liability for product defects involving defective equipment can extend to manufacturers, distributors, and sellers.

For injured employees, while their rights to seek compensation from their employer for negligence on behalf of the company or a company employee will usually be limited to worker’s compensation benefits, the injured employee may additionally sue the parties that are in the “chain of supply” for furnishing a defective product, as noted above.

It’s important to understand that in addition to a product being defective because it breaks or does not work properly, a product can also be deemed to be defective if inadequate instructions were made available with the product, or if inadequate safety instructions (or no safety instructions) were made available.

As a result, if you were injured by a product, including pursuing a worker’s compensation claim (which should always be done as soon as possible), you may be entitled to compensation from other parties.

Call for a Free Consultation

I represent clients on a contingency fee basis, meaning that there is no fee unless I recover compensation for you.

If you have been injured in an improper maintenance case, like a slip and fall, or from a defective product, it is critical to retain counsel immediately.  I will want to investigate the premises or product as soon as possible, before significant changes are made.

I look forward to learning about your matter.

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