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Filing a Wrongful Death Claim After a Fatal Work Injury Involving Defective Equipment

Severely cracked orange construction helmet lying on debris, symbolizing a serious workplace accident or fatal injury.

When someone dies on the job, it leaves a hole that no paycheck can ever fill. But when the cause of that death is defective equipment, it’s not just a tragedy; it’s a preventable one. This can be caused by a machine that malfunctioned, a harness that failed, or a piece of safety gear that didn’t do its job.

If your loved one died in a workplace accident caused by defective or dangerous equipment, you may have the right to file a wrongful death claim. It won’t bring your loved one back, but it can hold the responsible parties accountable and help ease the financial burden your family is facing.

How can faulty equipment cause a fatal work accident?

Defective equipment is a hidden danger that shows up in workplaces more often than people realize. When machines or tools fail, it’s usually without warning, and the consequences can be deadly. In many cases, these failures stem from poor design, manufacturing errors, lack of maintenance, or the absence of basic safety features.

Workers in high-risk industries such as construction, oil and gas, manufacturing, warehousing, and agriculture depend on heavy machinery, power tools, and safety gear to do their jobs. When that equipment doesn’t function properly, it puts their lives at serious risk. Here are some common examples of how defective equipment can lead to fatal workplace injuries:

  • Missing or broken safety guards on machinery can result in crush injuries or amputations.
  • Faulty harnesses or lanyards used for fall protection may snap or fail under stress, leading to deadly falls from heights.
  • Overheated power tools can catch fire or explode, causing burn injuries or fatal trauma.
  • Malfunctioning forklifts or cranes may tip over, collapse, or drop heavy loads unexpectedly.
  • Defective electrical equipment can result in electrocution or arc flashes.
  • Unmaintained heavy machinery can jam, seize, or release suddenly, putting nearby workers in danger.
  • Worn-out or low-quality personal protective equipment (PPE) that fails to provide protection.

What is a wrongful death claim in Texas?

In Texas, a wrongful death claim is a civil lawsuit that can be filed when someone dies because of another party’s carelessness, recklessness, or wrongdoing. The law allows certain close relatives to file a claim: the surviving spouse, children (biological or adopted), and parents of the deceased. If none of these family members file within three months, the estate executor can sometimes bring the claim on their behalf.

A wrongful death claim can hold outside parties financially responsible. This might involve:

  • Manufacturers and distributors who designed or sold defective equipment.
  • Third-party contractors who were supposed to inspect, maintain, or repair the machinery.
  • Designers or engineers who created dangerous or flawed systems.
  • Employers in certain situations, especially if they acted with gross negligence or failed to carry proper workers’ comp coverage.

What do you need to prove in a defective equipment case?

Wrongful death claims involving defective equipment can get complicated. To build a strong case, an experienced San Antonio workplace injury lawyer will need to prove a few key things:

  • The equipment was defective in some way (design flaw, manufacturing error, or lack of warning).
  • That defect directly caused your loved one’s fatal injury.
  • The equipment was being used as intended when the incident occurred.

Proving this might include preserving the actual equipment, collecting maintenance and inspection records, interviewing coworkers, and consulting with engineering experts. The earlier you involve a legal team, the better your chances of preserving this evidence before it disappears or gets destroyed.

What kinds of compensation can I receive from a wrongful death claim?

A wrongful death claim can help you find financial stability and a sense of justice. In Texas, families may be able to recover the following damages:

  • Lost income and financial support that your loved one would have provided
  • Medical bills related to the fatal injury
  • Funeral and burial expenses
  • Pain and suffering, mental anguish, and emotional distress
  • Loss of companionship, love, and guidance

Speak with a San Antonio lawyer who can advocate for you every step of the way

If you or a loved one was injured on the job due to defective equipment, don't hesitate to speak with an experienced San Antonio workplace accident lawyer. You may be eligible to pursue a third-party claim if the equipment failure was caused by a negligent contractor, maintenance provider, or manufacturer. These cases are not easy to pursue, but The Herrera Law Firm knows how to gather the facts and hold the right parties accountable.

Our legal team thoroughly investigates cases like yours. We work with experts and use decades of legal experience to pursue the maximum compensation you deserve. Plus, we have a proven track record of getting the best possible case outcome for our clients. In a recent case, we obtained a $10.6 million wrongful death settlement for a client whose loved one died due to a defective product.

Don’t let someone else’s carelessness cost you your future. If your injury was caused by poorly maintained or defectively manufactured equipment, contact us online or call for a free, confidential case consultation.

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