Legal Question in Personal Injury in Georgia

equipment defect

What recourse do I have from equipment defect from manfacturers . This is on the job injury ,resulting in a severely broken leg ,requiring surgical repair and tons of time off,and money lost.


Asked on 6/10/00, 9:50 pm

3 Answers from Attorneys

Lori Jolly COMMANDER + POUND, LLP

Re: equipment defect

I agree with the previous reply, but I would also add the speed is of the essence with potential actions against a manufacturer.

It can be crucial to have an engineer or other expert look at the equipment in the condition that it was in at the time of your injury. You want to have an attorney involved before the equipment is removed from use or "fixed". Also, any witnesses are going to have better recall early on.

Lori Jolly

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Answered on 7/31/00, 10:35 am
Ronald Arthur Lowry Ronald Arthur Lowry

Re: equipment defect

Please call me at (770)427-8468.I will be happy to dicuss this matter with you free of charge. Ron Lowry

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Answered on 8/24/00, 9:17 pm
Hugh Wood Wood & Meredith

Re: equipment defect

Question: "What recourse do I have from equipment defect from manfacturers. This is on the job injury, resulting in a severely broken leg,requiring surgical repair and tons of time off,and money lost."

Well, I assume the way you posed that question, your claim against your employer (if any) is barred or limited by Chapter 34 of the OCGA -- Workers Compensation.

You, perhaps, have a claim against the manufacture of the product if: the product is defective, and unreasonably dangerous, and is the proximate cause of your personal injury or property damage. If you can make a showing under Georgia law of the above, the manu., will be held to be strictly liable. There are LOTS of limitations and defenses to these claims. One, defense is that if the product is more than 10 years old, consumers may not sue based on a defect. You would really have to provide more facts for us to give you a better answer. If you want more infromation, please contact my partner or my clerk at [email protected] or [email protected] respectively.

Good Luck

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Answered on 7/30/00, 5:45 pm


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