Oregon Injury Lawyer Blog
According to the U.S. Government Accountability Office, research estimates say as much as 47% of jobs “could be automated in the future.” Human workers are (and will continue to be) exposed to certain dangers that result from sharing a workspace with robots. When you are hurt (or a loved one is killed) at work because a machine did not perform as it should, your family may be entitled to hold certain entities accountable through a civil action based on negligence in the way they designed, manufactured, programmed, tested, and inspected their machines. These kinds of lawsuits require very specific legal knowledge, so it is wise to consult with an experienced Oregon industrial accident lawyer about your situation.
Nine years ago this month, a fatal workplace accident went “viral” on social media after a robot at an automotive plant grabbed a worker and crushed him against a metal plate. (Sadly, the story’s virality was less about the important issue (workplace safety,) and more about the reporter’s name, a near-match with the fictional heroine in a famous movie about killer robots.)
Robot-related worker injuries and deaths remain a problem. Last November, a robot at a vegetable packing plant in South Korea crushed a worker to death after the machine grabbed him and pressed him against a conveyor belt.
The problem exists here in the U.S., too. A woman working at an automaker plant in Alabama died after a robot abruptly restarted and crushed her by pushing her into another machine. The incident triggered an OSHA investigation, which found “19 egregious instance-by-instance willful violations” by the automaker.
In the Alabama situation, the blame fell largely on the automaker for failing to provide proper worker protections like machine guards and safety locks. This is not always the case. A woman at a Michigan auto parts plant died after a robot’s arm struck and crushed her head. According to her husband’s lawsuit, the machine’s arm should have never entered the area where his wife was standing, and multiple forms of negligence led to the fatality, including negligence in the machine’s design, build, testing, and monitoring.
Last September, a Pennsylvania worker sued after a robot allegedly struck the ladder he was using, causing him to fall and suffer permanent injuries. That worker’s lawsuit asserted that the robot’s manufacturer was negligent in its inspection and testing of the robot.
Seeking Justice in Oregon After a Machine Malfunctions
Here in Oregon, a similar accident might allow an injured worker to seek essential compensation through an industrial accident claim. Oregon’s “exclusive remedy” law blocks some types of civil action against employers but permits injured workers to pursue third parties whose negligence contributed to their workplace accident. If you were a worker injured by a robot at your workplace, third-party liability is a distinct possibility. You could pursue the robot’s designer and manufacturer, who have a legal obligation to ensure that the machines they create and produce are reasonably safe. If the underlying problem was a robot that failed to perform properly, these entities could be liable for negligence in the way they designed, built, inspected, and/or tested the machine.
Additionally, many newer robots are controlled by artificial intelligence (AI.) If the reason a robot injured you was not a mechanical defect but rather an AI failure, then those facts might allow you to hold accountable the third-party entities that developed and implemented that AI by pursuing a claim for negligent design, negligent inspection, and more.
As this information illustrates, these cases are never simple… whether or not they involve automation. Machine accidents need not involve futuristic robotic technology… they can be as “20th Century” as a malfunctioning conveyor belt. Either way, the factual bases are often intricate and require a detail-oriented legal team dedicated to performing a thorough investigation to ascertain the third parties who are responsible (and the extent of their liability.) They can also be legally complex, demanding in-depth knowledge of the law to ensure all deadlines are satisfied and any standing or other procedural challenges can be addressed and overcome.
Have you experienced this sort of loss due to a workplace injury? If so, the skilled Oregon industrial accident attorneys at Kaplan Law LLC have the in-depth knowledge and direct experience necessary to enhance your potential for success as you pursue justice. To learn more, call (503) 226-3844 today or contact us online to schedule your free consultation.
