Defective Oilfield Equipment and Manufacturer Liability

Working in an oilfield is always dangerous, with defective equipment presenting a major threat to life and limb. Accident victims may have a claim against the manufacturer, separate and apart from other claims. However, holding the manufacturer liable is no simple task.

You will need committed legal counsel who understands the nuances of Oklahoma product liability law and how they apply to these complex cases. That’s where Biby Law Firm Injury and Accident Lawyers comes in. Find out how our experienced product liability lawyers can serve you.

The basics of Oklahoma product liability law

The companies that manufacture various products, including oilfield equipment, can be held liable for defective products. A defective product is one that is not suitable either for its intended use or for any use that might be reasonably expected. Products can be defective in one of three ways:

• Design defect: A design defect means that the product is inherently unsafe due to its specifications, regardless of how carefully it is made or assembled.
• Manufacturing defect: Conversely, a product can be safely designed but put together in an unsafe manner or made with low-quality or incompatible parts.
• Failure to warn: Lastly, a failure to warn indicates a lack of suitable warnings or instructions for using the product safely.

Most Oklahoma product liability cases follow the doctrine of strict liability. The victim’s obligation is to show that the product defect existed when it left the manufacturer’s control, that the defect made the product unreasonably dangerous, and that it caused injury.

These cases may also be based on two other legal theories:

• Negligence: Unlike a strict liability claim, a negligence claim requires proof of fault. The victim should be able to prove the manufacturer either did or failed to do something it was legally obligated to do.
• Breach of warranty: These may be based on an express warranty (a specific promise the manufacturer made about the product), the implied warranty of merchantability (that the item is fit for ordinary use), or the implied warranty of fitness for a particular purpose.

Although strict liability guides most product liability claims in Oklahoma, plaintiffs may also assert the other two. It is customary for lawsuits to allege all three. Our oilfield accident attorneys can review your case and advise how to present the strongest claims.

What to know about oilfield equipment liability

Defective oilfield equipment and machinery can injure or kill both workers and bystanders. However, determining manufacturer liability may not be as straightforward as it appears. A manufacturer may have assembled the entire piece of equipment or only the specific component that failed.

This makes it essential to conduct an appropriate investigation after an oilfield accident. Only by analyzing the equipment can the victim determine whether the equipment, or some part of it, suffered from a design, manufacturing, or failure-to-warn defect.

Whether the victim is a bystander or an oilfield worker, they can make product liability claims against the manufacturer. For the worker, the product liability argument is separate from other possible claims they may have, such as:

• Workers’ compensation: Most employees can seek benefits by filing a workers’ comp claim. This is a no-fault claim made against the employer, not the manufacturer of the equipment.
• Third-party claims: Sometimes employees can maintain additional claims against certain third parties as well, such as a negligent contractor or a maintenance company.

How to pursue your claim against the manufacturer

If you were injured by a piece of oilfield equipment or machinery, it is imperative that you act quickly. As the accident victim, you have the responsibility to make the case for liability on the manufacturer’s part.

Be sure you seek medical attention for your injuries right away and follow your doctor’s advice. Failure to do so may jeopardize not only your health but your legal claim as well. The manufacturer may allege that your delayed medical care worsened your injuries in an attempt to deflect from their liability.

Next, working with an attorney, start preserving and documenting evidence of the manufacturer’s liability. This may include:

• The defective equipment itself, or a part of it
• Pictures and videos of the equipment, the accident scene, and your injuries
• Incident and accident reports
• Eyewitness statements
• Inspection and maintenance records

You will also need to start documenting your own personal losses. These will form the basis of the compensation you seek from the manufacturer, known as damages. Among the possible damages most victims can claim are:

Economic damages

• Medical bills, past and future
• Lost income
• Reduced earning capacity
• Property damage
• Out-of-pocket expenses

Non-economic damages

• Pain and suffering
• Emotional distress
• Disability
• Disfigurement
• Reduced quality of life

Punitive damages are also available in limited cases. These are reserved for accidents involving intentional misconduct or reckless disregard for others. Unlike economic and non-economic damages, which compensate victims for their financial and personal losses, punitive damages punish the liable party.

If the victim dies from their injuries, eligible survivors can seek wrongful death damages. Such damages include the victim’s burial and funeral costs, loss of financial support, and loss of consortium, among others.

How our firm helps victims of oilfield accidents

If you or a loved one were injured or killed in an oilfield equipment accident, seeking justice from the manufacturer will prove challenging. The lawyers and insurance companies defending the manufacturer will resist your claim and do everything possible to avoid liability. You need a committed product liability attorney ready to fight for you.

When you hire Biby Law Firm to represent you, we get to work by:

• Investigating how the accident happened and who was responsible for it
• Acquiring evidence of wrongdoing, including through discovery if a lawsuit is filed
• Determining the full value of your past, present, and reasonably estimated future damages
• Negotiating and handling all communications with the at-fault parties’ insurance companies and lawyers
• Representing you in mediation, an out-of-court procedure intended to help the parties settle the case if possible
• Filing and serving a product liability lawsuit if settlement discussions are not successful
• Retaining expert witnesses who can explain complex topics, such as how the equipment failed
• Trying your case in court and seeking the maximum damages available
• Bringing our extensive experience with Oklahoma product liability law to bear in your case

You deserve to be compensated for your losses, and our aim is to secure the damages you need to recover from your injuries and move forward. To get started with your oilfield accident claim, connect today with the product liability lawyers of Biby Law Firm.