Whether you rely primarily on computers, heavy machinery, or even paper clips you could suffer an injury if the product is defective. When a manufacturer neglects to ensure its product is safe for use, and subsequently, someone gets hurt, the manufacturer may be liable.
This is true even if you were hurt while at work. While most on-the-job injuries would fall under workers’ compensation laws, you can file a third-party liability claim seeking compensation from the manufacturer. Call today to speak with a capable lawyer who has experience with Charleston third-party liability claims against manufacturers.
Defective Manufacturer Products in Charleston
Because so many people use manufactured products, the manufacturers have a legal responsibility to ensure their goods are safe. This means that product makers must comply with state and federal testing standards and other regulations when manufacturing and selling their wares.
Manufacturers also must disclose any known risks associated with using their products. Therefore, most products have warnings labels, so that people can use the product safely. Despite these laws, manufacturers produce defective goods all the time. When that occurs, the manufacturer may voluntarily recall the defective product, or the Consumer Product Safety Commission may force them to recall it. Some recent recalls that could have injured an employee on the job include:
- ACE Work Boots
- John Deere Crossover Gator Utility Vehicles
- Bush Hog Recalls Riding Lawn Mowers
Workers who suffer injuries while using these or other defective products while performing their job duties may be able to sue the manufacturer for damages.
Filing a Third-Party Liability Claim Against Manufacturers
In Charleston, most employees who suffer an injury on the job must file a workers’ compensation claim instead of filing a lawsuit. If, however, their injury was the result of third-party negligence, they can forgo the workers’ compensation process and file Charleston third-party liability claims against manufacturers in civil court. When an employee suffers injury after using a defective manufacturer product while at work, they can sue the product maker.
However, the injured worker must prove they cannot seek a workers’ compensation claim against their employer. That is, they must show their injuries were the result of the manufacturer’s negligence rather than their employer’s negligence.
For example, if an office worker suffers electric shock after plugging in a copy machine, they would need to show the copier was defective in some way to pursue a third-party liability claim. If their employer negligently failed to repair the wall socket, and the copier itself was not defective, the worker may instead have to file a workers’ compensation claim. Of course, not every case of worker injury is clear-cut.
Benefit of a Charleston Third-Party Liability Claims Attorney
If you suffered an injury at work while using a defectively manufactured product, call an attorney today. Charleston third-party liability claims against manufacturers are complex legal cases. You should rely on experienced legal help with your claim so that you can focus on recovering from your injuries.
A lawyer with experience filing third-party liability claims against manufacturers in Charleston can analyze the worker’s situation and determine whether they have a legal claim. You are entitled to legal representation, even if one law firm already decided not to take your case. Call Howell & Christmas today.