What Is a Defective Industrial Equipment Case?

Injured by defective industrial equipment or machinery at work? Manufacturers must ensure equipment safety. Our product liability lawyers pursue claims beyond workers' comp to maximize your recovery.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Defective Industrial Equipment Lawyers in Georgia & South Carolina

Industrial workplaces in Georgia and South Carolina — including manufacturing plants, construction sites, warehouses, ports, and processing facilities — rely on heavy machinery and equipment that can cause devastating injuries when defective. Forklifts, presses, conveyors, cranes, saws, grinding machines, and other industrial equipment can amputate limbs, crush bones, cause severe burns, and kill workers when safety mechanisms fail or designs are inherently dangerous. The Occupational Safety and Health Administration (OSHA) reports that contact with objects and equipment is one of the top four causes of workplace fatalities.

At Roden Law, our defective industrial equipment lawyers represent injured workers throughout Georgia and South Carolina. While workers’ compensation typically prevents you from suing your employer, product liability claims against the equipment manufacturer are a separate legal avenue that allows you to recover full compensatory damages — including pain and suffering — that workers’ comp does not provide.

Common Defective Industrial Equipment

Industrial equipment defects occur across all types of machinery:

  • Presses and stamping machines: Missing or inadequate point-of-operation guards that allow hands and arms to enter the danger zone
  • Conveyor systems: Exposed nip points, inadequate emergency stops, and unguarded moving parts that catch clothing, limbs, and hair
  • Forklifts: Stability defects, defective mast and hydraulic systems, inadequate operator protection, and seatbelt failures
  • Cranes and hoists: Boom failures, cable defects, overload protection failures, and anti-two-block device malfunctions
  • Power saws and cutting equipment: Missing blade guards, kickback prevention failures, and defective safety interlock systems
  • Grinding and polishing machines: Wheel guard failures, defective tool rests, and exploding abrasive wheels
  • Compactors and balers: Inadequate guarding that allows workers to be drawn into the machine
  • Injection molding machines: Guard interlock failures that allow access to the mold area during operation

Product Liability vs. Workers’ Compensation

When defective equipment injures a worker, two separate legal systems may apply:

  • Workers’ compensation: Provides medical benefits and wage replacement regardless of fault, but bars lawsuits against the employer and does not include pain and suffering
  • Product liability: A separate claim against the equipment manufacturer, which allows full compensatory damages including pain and suffering, disfigurement, loss of enjoyment of life, and punitive damages in egregious cases

These claims are not mutually exclusive — you can receive workers’ comp benefits while simultaneously pursuing a product liability lawsuit against the manufacturer. However, a workers’ comp lien may attach to the product liability recovery.

Georgia and South Carolina Industrial Equipment Liability

Georgia’s product liability statute (O.C.G.A. § 51-1-11) imposes strict liability on manufacturers of defective products. Key considerations in industrial equipment cases include:

  • Machine guarding standards: OSHA regulations (29 CFR 1910 Subpart O) and ANSI safety standards establish minimum guarding requirements that manufacturers must meet or exceed
  • State of the art defense: Georgia allows manufacturers to argue that a safer design was not feasible given the state of technology at the time of manufacture
  • Employer modification: Manufacturers may argue that the employer modified the equipment or removed safety guards — but the manufacturer may still be liable if the modification was foreseeable

Georgia’s comparative fault rule (O.C.G.A. § 51-12-33) allows recovery if less than 50% at fault. South Carolina’s threshold is 51%.

Evidence Preservation in Equipment Cases

The defective equipment itself is the most critical piece of evidence. Our attorneys send immediate preservation letters to the employer and manufacturer demanding that the equipment not be repaired, modified, or destroyed. We also pursue OSHA investigation reports, manufacturer maintenance records, prior complaint histories, and the machine’s design and safety analysis documentation.

Filing Deadlines

Georgia allows 2 years from the date of injury (O.C.G.A. § 9-3-33) with a 10-year statute of repose. South Carolina allows 3 years (S.C. Code § 15-3-530). Contact an attorney immediately to preserve the equipment and investigate the defect before the employer repairs or replaces the machine.

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What to Do After A defective industrial equipment

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Defective Industrial Equipment Case

To win a personal injury case involving a defective industrial equipment, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Defective Industrial Equipment Cases

Victims of a defective industrial equipment injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Defective Industrial Equipment Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Roden Law Defective Industrial Equipment Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated May 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Defective Industrial Equipment Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.