Legal Question in Personal Injury in California

Re: Failing to Reduce Suffering

Follow the advice of Mr. Barnett and Mr. Bravos.

Re: Failing to Reduce Suffering

This must be covered by a workers-compensation insurance (usually, whose fault is irrelevant in such claims).

Thanks.

Re: Failing to Reduce Suffering

If this happened at work, you have a worker's compensation case against your employer and a third party civil lawsuit against the manufacturer. call us directly at 213.388.7070 for a free consultation.

Re: Failing to Reduce Suffering

Could be significant liability on the part of the company. Product liability cases take a good amount of experience, but can render substantial awards. You should talk to a lawyer very soon. Good luck.

Re: Failing to Reduce Suffering

When an injury is worse due to the fault of another, that person or company is liable for the additional harm caused to the injured person. An allocation of fault is made. For instance, if the injury would normally justify an award of $100k and the injured party is adjudged 50% at fault for the injury, the other party is liable for the other $50k.

Re: Failing to Reduce Suffering

You may have a legitimate products liability suit against the maker of the machine for not having the necessary part or guard. You also may have a direct cause of action against the employer if the worker was not an employee or if one of many exceptions applies. I would suggest, as a preliminary matter, that you look into whether or not there is an OSHA report partaining to this incident, and try to obtain a copy of the same. Feel free to contact me directly should you wish to discuss this matter further.

Re: Failing to Reduce Suffering

If saftey equipment is not on machines as per manufacturer, then a serious and willful misconduct action may be filed with the worker's compensation claim. Contact me directly.