Machinery and Defective Equipment Injury Lawyer in Las Vegas, NV

Name: Machinery and Defective Equipment Injury
Brand: Cogburn Davidson
Rating: 4.9 (521 reviews)

A machinery and defective equipment injury lawyer helps workers evaluate their options when industrial equipment fails, lacks proper safeguards, or is defective in its design or manufacture. Nevada recognizes strict product liability, which allows an injured person to pursue a manufacturer or seller based on a product defect rather than proof of negligence.

When Defective Machinery Leads to a Workplace Injury

In a case applying Nevada law, the Ninth Circuit explained that a plaintiff generally must prove that the defendant placed a defective product on the market, that the product was defective when it left the defendant's possession, and that the defect caused the injury. The Nevada Supreme Court extended this doctrine to the design and manufacture of all types of products in Ginnis v. Mapes Hotel Corp.

Workers' compensation is generally the exclusive remedy against an employer, so equipment claims typically focus on other parties. The work injury lawyer in Las Vegas page explains how workers' compensation and third-party claims differ. Cogburn Davidson Car Accident & Personal Injury Lawyers brings nearly two decades of experience in serious and complex injury cases to these claims.

What Makes Machinery or Equipment Defective?

Machinery or equipment is defective under Nevada law when a flaw in its manufacture, design, or warnings makes it unreasonably dangerous. The Nevada Supreme Court has recognized three categories of defect claims that may apply to workplace equipment:

Manufacturing defects involve a flaw in the specific unit, such as a faulty weld or a safety sensor installed incorrectly
Design defects involve a design that makes the equipment unreasonably dangerous, such as a missing guard or a safety interlock that is easy to bypass
Failure-to-warn defects involve inadequate warnings or instructions about hazards that are not obvious to the operator

For manufacturing and design claims, Nevada courts apply the consumer-expectation test, which asks whether the product performed as an ordinary consumer would expect it to. The Ninth Circuit noted that the availability of an alternative design is one factor a jury may consider, though it is not the only one.

Common Machinery and Equipment Hazards in Las Vegas Workplaces

Caught-in, struck-by, and pinch-point injuries are among the most common ways workers are hurt by machinery. The hazards appear in manufacturing, construction, building maintenance, and the commercial kitchens and laundries that support Las Vegas hotels and casinos.

Equipment that may be involved in these accidents includes the following:

Presses and stamping equipment
Conveyors and material-handling systems
Saws, cutters, and grinders
Hoists, lifts, and elevated work platforms
Commercial mixers, slicers, and laundry machinery

These machines can cause:

Crushing injuries
Deep lacerations
Burns
Amputations

Which OSHA Safety Standards May Be Relevant?

OSHA's machine guarding standards, including 29 CFR 1910.212, set general requirements for protecting workers from machine hazards.

OSHA's lockout/tagout standard, 29 CFR 1910.147, addresses the practices needed to prevent the release of hazardous energy during equipment servicing or maintenance. The rule applies to general industry and does not cover construction, agriculture, or maritime employment.

A violation of a safety standard does not, by itself, determine who is legally responsible for an injury.

Depending on the facts, it may still be relevant evidence of the safeguards a workplace or piece of equipment should have had.

Who May Be Liable Besides the Employer?

Under NRS 616C.215, an injured employee may take proceedings against a person other than the employer or a person in the same employ. Depending on the circumstances, the parties in a machinery claim may include the following:

The manufacturer of the machine
A distributor or seller in the supply chain
The maker of a component, such as a safety sensor or control system
A maintenance or repair contractor
An equipment lessor
Another contractor working at the same site

Identifying the right parties often requires reviewing purchase, lease, and service records. The answer can change from one machine to the next.

Why Does Preserving the Machine and Records Matter?

Preserving the machine and its records matters because equipment is often repaired, modified, or removed after an accident, making it harder to determine what failed and why.

A claim against a manufacturer may depend on showing the product's condition when it left the manufacturer's control.

The following items are commonly relevant to a defective equipment claim:

The machine or the failed part
Maintenance and repair records
Operator manuals and warning labels
Records of modifications or retrofits
Training records and incident reports
Photographs and the names of witnesses

Engineering experts are often needed to examine the equipment and explain the cause of the failure. Each case depends on its own facts.

What Damages May Be Available in a Defective Equipment Claim?

Nevada law distinguishes damages, which are recoverable in an action at law, from workers' compensation benefits.

In a third-party claim, damages may include economic losses such as medical expenses and lost earnings, as well as noneconomic losses, depending on the facts.

Recoveries interact with workers' compensation under NRS 616C.215, including provisions on reduced compensation and the insurer's lien.

Why Hire a Machinery Injury Lawyer in Las Vegas?

A machinery injury lawyer in Las Vegas can help preserve evidence, identify manufacturers and other responsible parties, and work with engineering experts. Product manufacturers and their insurers often have substantial resources, and an injured worker may benefit from an advocate who can evaluate the equipment, records, and interactions with workers' compensation.

Machinery and defective equipment injuries can support claims beyond workers' compensation, but the answer depends on the equipment, the defect, and the parties involved. Jamie Cogburn has been named to the Top 100 by National Trial Lawyers, was selected as a Super Lawyer from 2010 to 2016, and was named an Elite Lawyer in 2025.

Injured workers can speak with the Las Vegas machinery injury attorneys at Cogburn Davidson to schedule a case evaluation. The firm has offices at 2300 W Sahara Ave, Suite 800-816, Las Vegas, NV 89102, and 2580 St Rose Pkwy, Suite 330, Henderson, NV 89074. Call (702) 805-0652 to get started.