On July 11 in Houston, TX a temporary worker/subcontractor went into his job at Consolidated Distributors and was working with a RecycleTech XT200 machine. This powerful machine is designed to take Styrofoam, shred it and melt down the material which is then stored away. The man was performing a duty that he was trained to do, but this time something went terribly wrong. Police report that the man was reaching into the RecycleTech XT200 machine when he was suddenly pulled inside it. The man suffered fatal injuries and the cause of death was deemed to be multiple blunt forces to the body.
The man’s employer, Consolidated Distributor’s, did not have any workers’ compensation insurance policies at the time. On October 22, the deceased workers’ wife filed a lawsuit against Consolidated Distributors, Inc. as well as RecycleTech Corp. His employer is being sued for company negligence and RecycleTech for lack of warning and proper using instructions. The machine also did not adequate guarding to keep workers safe during operation and can therefore be declared defective.
In the petition it states that a safety guard is a necessary accessory that does not cost that much money and it could have been afforded by the company. The grounds for compensation stand that RecycleTech Corp knew of the dangers of the XT200 machine but they put it out on the market anyways. When you market a product without proper warning labels and adequate user instructions for safe use, then you could be held liable for any injuries or accidents that occur as a result of the product. The man’s widow has asked for at least $1 million in compensation for the damages.