Product Liability Claims for Injury at Work

**tykkimies** · 08-29-2008, 08:07 PM

My question involves an injury that occurred in the state of: Pennsylvania
I work with heavy machinery and I got hit in the head by a part that shot off of a truck. There was another guy that was killed from the same exact thing. The fault was from a design problem and not a problem from usage. I found out that there was a recall on the product 2 months ago before i got hit, but we just got the notice 2 days ago (Which is 2 months after i was hit). Do i have a case against the manufacturer or are they safe because of the recall that we recieved too late?

**moburkes** · 08-29-2008, 09:10 PM

Quoting tykkimies

My question involves an injury that occurred in the state of: Pennsylvania
I work with heavy machinery and I got hit in the head by a part that shot off of a truck. There was another guy that was killed from the same exact thing. The fault was from a design problem and not a problem from usage. I found out that there was a recall on the product 2 months ago before i got hit, but we just got the notice 2 days ago (Which is 2 months after i was hit). Do i have a case against the manufacturer or are they safe because of the recall that we recieved too late?

Generally, your only remedy for an on the job accident is worker compensation.

**tykkimies** · 08-29-2008, 09:45 PM

even if this was as close to death as i could come? And the product failed because of a design flaw?

**Betty3** · 08-29-2008, 10:42 PM

There are occasions when you can file for workers comp & also bring a lawsuit due to a work injury. One being: Against a manufacturer, distributor or seller of a defective product that causes a work injury.

You need to talk to a skilled workers comp. attorney regarding your injury & see if they believe you have a case. (It would depend on how serious the injury & other various factors.)

**SChinFChin** · 08-30-2008, 05:09 AM

Here in NY State, the "Employer's Liability" is limited to the WC payments. However, the employee is free to sue anyone else.

I'm involved with a WC claim as employer, I had an auto repair business, and the employee was injured. My attorney said that the employee has the option of suing the "manaufacter" of the car. for defect in design, who would then sue the repair shop on the grounds that "safety procedures" were not followed. The employee cannot sue the repair shop directly under "workman's comp".

Well, this employee's lawyer chose to sue the landlord for negligience in maintaining the property, causing his injuries, and the landlord can then sue me, as lessee, as I assumed maintenance responsibilities in the lease. This was over 2 years ago, and my GL insurance is handling. I have so far heard nothing.

Under this theory, your attorney can sue the manufactuer of the product, for poor design, and this manufacturer can then sue your employer as well, for the failure to follow safety procedures, namely, not keeping on top of recalls. The idea for doing all of this is the manuafacturer should have product liability insurance, and you employer , general liability insurance, and this will allow you to collect under both insurance, and beyond WC coverage.

Of course, check with an attorney to see if this is so under PA law.