I was injured by a brand-new machine — do I have a claim?

Who is responsible when new farm machinery causes an injury? Rural solicitor Karen Walsh offers her take

Where an injury occurs because a new machine is defective or unsafe, there may be legal remedies available.

Dear Karen,

I operate a dairy farm and recently purchased a new feeding machine from a reputable agricultural equipment supplier. The machine was delivered and installed and appeared to be working correctly.

A few weeks later, while carrying out routine feeding operations, a mechanical component failed unexpectedly. As a result, I was struck by part of the machine and suffered a serious arm injury. I required hospital treatment and have been unable to carry out my normal farming duties for several months.

The machine was virtually new and had only been used in accordance with the manufacturer’s instructions. Before the accident, there had been no indications anything was wrong. 

I have been told there may have been a defect in the equipment, but I do not know whether my claim would be against the manufacturer, the supplier or someone else.

The injury has caused me significant pain and has also had a financial impact on my farm. What are my rights?

Dear Reader, 

Accidents involving farm machinery can have devastating consequences, particularly where the injured farmer is heavily involved in the day-to-day running of the enterprise. Where an injury occurs because a new machine is defective or unsafe, there may be legal remedies available.

Generally speaking, consumers and farmers are entitled to expect machinery supplied for use is safe, fit for purpose and free from defects. A machine should not expose its user to an unreasonable risk of injury when used in the manner intended.

In circumstances such as those you describe, one of the first matters that must be investigated is what caused the failure. 

Sometimes, the issue can arise from a manufacturing defect, a design flaw, a faulty component, an assembly error or a failure to provide adequate warnings or operating instructions.

It is critically important the machine is preserved in its post-accident condition as far as possible. Repairs, alterations or disposal of the equipment can make it more difficult to establish precisely what went wrong. 

Photographs, maintenance records, purchase documentation and accident reports should also be retained.

In many cases, an engineering expert will be required to inspect the machinery and determine whether a defect existed and whether that defect caused the accident. Expert evidence is often crucial in identifying where responsibility lies.

Depending on the circumstances, a claim may arise against the manufacturer, supplier, distributor, installer or another party involved in bringing the product to market. The specific facts of each case will determine who may ultimately be responsible.

When assessing a claim, it is not only the physical injury that is considered. A farmer may also suffer financial losses arising from an inability to work, the cost of hiring replacement labour, medical expenses, and ongoing treatment costs. In a farming context, a significant injury can have a substantial knock-on effect on productivity and the overall operation of the farm.

It is also important to consider whether any recall notices, safety alerts or previous incidents involving the same equipment have come to light. While the existence of a recall does not automatically establish liability, it can be relevant evidence in understanding the nature of the defect.

Many injured parties assume that because an accident occurred on their own farm, there is little they can do. However, where a machine has failed because it was defective or unsafe, the law may provide a means of recovering compensation for both the injuries sustained and the financial losses arising from them.

As with any personal injury claim, prompt action should be taken. Evidence can become more difficult to obtain over time and early investigation allows experts to inspect the machinery before its condition changes.

While not every accident involving machinery results from a defect, a brand-new machine should not ordinarily fail in a manner that exposes a user to injury. 

Where there is a genuine concern that faulty equipment caused an accident, independent legal advice should be obtained as soon as possible so the circumstances can be properly investigated and the appropriate steps taken to protect your position.

Karen Walsh, from a farming background, is a solicitor practising at Walsh & Partners Solicitors, 17 South Mall, Cork, and 88 Main Street, Midleton, Co Cork, and also the author of 'Farming and the Law'. Walsh & Partners also specialises in personal injury claims, conveyancing, probate, and family law.

Email: [e-mail] 

Web: www.walshandpartners.ie

• While every effort is taken to ensure the accuracy of the information contained in this article, Karen Walsh does not accept responsibility for errors or omissions howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.