I hear criticism about how plaintiff's attorneys cause costs to rise, however, keep in mind that without plaintiff's attorneys and the contingency payment system we have in this country, it would be impossible for those who lose their body parts to address these safety concerns in court.
Manufacturers have little incentive to make safer products and recall those that are unsafe without the threat of expensive litigation. Without large punitive damage awards, safety measures would not be improved. Or, to put it another way, it is the large punitive damage awards that force manufacturers to design safety into their products and guard those products which are necessary for consumers even with inherent safety concerns where a design flaw cannot be designed out.
These machines need to have proper, effecitive fail safe guards. A fail-safe guard is one where if the guard is removed the machine will stop working (before an injury occurs) — spinning blades must stop immediately upon the guard being removed. Also, slapping a warning label of a product that could have had the defect designed out or guarded, is simply not adequate.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. See www.LowerWC.com for more information. Contact:RShafer@ReduceYourWorkersComp.com or 860-553-6604.