Attorney Gary Christmas says injured employees are not to blame
MOUNT PLEASANT, SC – AN INTERNAL investigation by manufacturer of the “Rocket Cart” places blame on injured employees. But attorney Gary Christmas of Howell and Christmas says that an investigation indicates the fault may lie with the product itself in some cases.
The “Rocket Cart” is a merchandise cart used by employees at various retailers, such as Wal-Mart, to move merchandise throughout the store with the purpose of restocking shelves. It has recently been discovered that the cart design is defective. The upper shelf of the cart false latches only to later fall and strike the employee maneuvering the cart.
Christmas says employees need to beware.
“Employees around the country are being injured by these defective carts,” he said. “Workers at retail establishments use these carts daily, and reports of employee injury are mounting.”
Christmas says that even though an internal investigation by manufacturers Win-Holt and National Cart place the blame on the employee, many carts have been retrofitted with a safety device. It is clear that the manufacturers know that the product is defective.
“The main failure in these carts is a “clicking” sound which indicates to the employee that the pin is securely locked and the shelf will be held in an upright position. Instead, this is a false latch and many users have been struck in the head as they are bent over retrieving merchandise from the cart,” Christmas said.
Employees have no choice but to use the tools given to them to perform their assigned duties. Christmas says that employees who are injured by these carts while performing assigned tasks are entitled to Workers Compensation.
“It doesn’t matter whether you are moving items from the stock room to the sales floor, or from aisle to aisle,” Christmas said. “If you are hurt while using a “Rocket Cart” as part of your job duties, you get worker’s comp.”
About Gary Christmas:
Gary Christmas is a Mount Pleasant personal injury lawyer. He is a senior partner in the law firm of Howell & Christmas. His focus lies on protecting the rights of the injured and has tried more than 200 cases with a high rate of success. Christmas can be contacted at:
Howell & Christmas
1495 Remount Road
North Charleston, South Carolina 29406
Files handled principally in Mount Pleasant office:
250 Mathis Ferry Road
Mt. Pleasant, South Carolina 29464