A catastrophic incident involving a welding machine explosion has led to a significant legal battle in Harris County, Texas. On July 18, 2024, Ismael Rubio filed a complaint against The Lincoln Electric Company, Alltex Welding Supply, Inc., and Summit Steel Fabricators, Inc. in the District Court of Harris County, alleging negligence and seeking substantial damages.
According to the court documents, the plaintiff Ismael Rubio is a resident of Houston who suffered severe injuries on July 20, 2022, when the welding machine he was using exploded. The lawsuit claims that The Lincoln Electric Company and Alltex Welding Supply designed, manufactured, and marketed the faulty welding machine while Summit Steel Fabricators provided it as part of Rubio's employment. Rubio asserts that these entities failed in their duty to ensure the safety and reliability of the equipment.
The filing details multiple accusations against the defendants. It alleges that they permitted unsafe equipment to be used, failed to maintain or inspect it properly, neglected necessary repairs, did not provide adequate training for its use, and did not implement or enforce proper safety procedures. "The incident was proximately caused by the negligence and gross negligence of the Defendants," states Rubio's petition.
Rubio further argues that there were design defects in the welding machine which made it unreasonably dangerous. He contends that there was a safer alternative design available that could have significantly reduced the risk of injury without impairing the product's utility. Additionally, manufacturing defects are cited where the machine deviated from its intended construction quality standards making it hazardous beyond what an ordinary user would expect. Marketing defects are also mentioned due to inadequate warnings about potential dangers associated with using the product.
As a result of these alleged failures and defects, Rubio is seeking monetary relief exceeding $250,000 but not more than $1 million. He requests compensation for physical pain and mental anguish both past and future; lost wages and loss of earning capacity; physical disfigurement; physical impairment; medical expenses; exemplary damages; pre-judgment interest at maximum legal rates; post-judgment interest; costs of suit; attorneys' fees; and any other damages allowed by law or equity.
Representing Ismael Rubio is attorney Kraig L. Rushing from Houston-based law firm Rushing Law Firm PLLC. The case has been assigned Case ID 2024-44911 in Court 164 under Judge Marilyn Burgess.