Who's Responsible for Faulty Railroad Equipment or Tools?

railroad track

Railroad workers are already tasked with a difficult job. They work long hours and sometimes they don’t have the best working conditions. They hope that at the end of the day, everything will go smoothly and that they’ll get to go home safely.

What happens, though, when a piece of equipment or tool is faulty? Who is responsible for the defect and who can the injured party take action against to right the wrongs they’ve experienced? There are two main factors that must be considered in these types of situations.

The Manufacturer

The manufacturer of the railroad equipment is the first party who may be considered responsible when a tool or some other pieces of equipment has a defect and causes injury. They’re responsible for ensuring the products they manufacture are safe for use.

If they try to get past safety protocols to get their tools to market faster, they are considered liable. Proving liable in this situation means showing manufacturing defect, design defect, or failure to warn about a potential hazard.

The Employer

The employer who provides the railroad worker with the equipment or the safety devices is responsible for ensuring all tools are safe. If they buy a defective item or they fail to perform regular inspections on the equipment, they can also be held responsible for any injuries sustained.

In these types of cases, the employer must take the time before buying products, supplying the products, and inspecting it before use to ensure workers remain safe. The manufacturer would still have some hand in the cause of the injury in these cases because they still created a defective item.

At Webster Vicknair MacLeod, we recognize liability and how it can play a role in railroad worker injuries. Knowing who can be held accountable and how to prove liability is our top priority because you need the representation (and compensation) to move forward.

Trust in our railroad work injury lawyers to put your best interests first and pursue the most favorable outcome possible.

Schedule your free consultation. Call today: (713) 396-5197.

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