Legal Question in Product Liability in Washington
Faulty Equipment in Workplace
I am curious to the recourse I have in a product liability case, concerning a back injury due to the use of plastic pallets in the work place. I have been off work since August with this injury which finally required back surgery, two ruptured discs in the lower back. The day I got home from the hospital I was contacted by mail by a Vocational Rehab company, and now am looking at being retrained. I have spent the last 14 years at this job working my way up the ladder from a level 1 position to a level 6 position only to possibly be reduced back to a level 1 position or another lower paying job with another employer. The pallets used were purchased by the corporate office of this company to be used in freight unloading and sorting, until July we had always used wood pallets. The new plastic pallets are very slippery on concrete floors, that's what caused the injury as I was stepping on the pallet to place freight on it it slipped out from under me causing the back injury. Now I'll be impaired for the rest of my life with back problems and limitations and restrictions. What kind of action can be taken against this third party?
1 Answer from Attorneys
Re: Faulty Equipment in Workplace
I'm sorry to learn of your injury, and I hope you are making progress in your recovery. In response to your e-mail: products liability arises whenever a manufacturer and/or seller of a product puts into the stream of commerce an unreasonably dangerous (and thus defective) product. The defect can be in the design or in the manufacture of the product. Usually these cases require an opinion of an expert as to alternative designs, obviousness of defect, foreseeability of use, and other factors. Certain claims under a federal statute require notice of the defect to the manufacturer within one year of the injury. Typically, insurance companies take advantage of people who are not represented by counsel and try to settle for as little as possible. They only get serious when a lawyer becomes involved who understands the full range of claims an injured person has. I would be glad to take your case on a contingency fee basis where I am compensated only in the event you make a recovery, either by way of settlement or a jury verdict. I have been handling these kinds of cases for 24 years. I would be glad to discuss the case with you further on the telephone at no cost to you.
Larry G. Johnson
Foulds & Johnson
Attorneys at Law
1606 E. Columbia St.
Seattle, WA 98122/USA
tel.: (206) 709-8442
fax: (508) 448-5663
e-mail: [email protected]
Web site: www.eskimo.com/~larrygj
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