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  1. #1
    Join Date
    Mar 2013
    Posts
    1

    Default Injured Worker is Suing For Injuries

    My question involves an injury that occurred in the state of: Iowa

    My husband works with his father. His father asked him if he would be interested in working with another entity, my husband said yes. Father in law discusses trial run with entity, nothing was signed, this was merely a trial run to see if this was something they would be interested in joining. The trial run involved use of the entity's equipment at the entity's location of business. Father in law recruited an employee to do trial run. Husband has not been involved at this point with entity OR employee for trial run. Has never met nor spoken to this employee, employee has no knowledge of my husband. While working trial run, employee is injured. Entity owner contacts my father in law and tells him to take employee to nearby clinic and he will take care of workmans' comp. Employee required further care at hospital, details of which I am unsure, but was extensive, may have included surgery. Entity owner never follows up with workman's comp, when father in law contacts him about this he denies ever agreeing to that. Now entity, owner of entity, my father in law, father in law's business, and my husband are being sued individually. My question is how does he have a case against my husband? They never talked, met, or signed anything. My husband's name was merely mentioned to the entity owner as possibly being interested if the trial run went well. We are looking at lawyer expenses out of our own pockets, not something we can afford, and for an incident that my husband had absolutely nothing to do with. Help?!

  2. #2
    Join Date
    Mar 2013
    Posts
    63

    Default Re: Can You Be Sued Even if Not Involved

    What is the cause of action under which your husband was sued?

  3. #3
    Join Date
    Dec 2008
    Posts
    629

    Default Re: Can You Be Sued Even if Not Involved

    It is very common practice with personal injury suits to include EVERYONE that you can think of in the suit and let the legal process sort out who is really responsible in the end. Is it fair, probably not but that's just the way our system works.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can You Be Sued Even if Not Involved

    CAN you be sued even if not involved? Yes.

    Can you be SUCCESSFULLY sued if not involved? That's a bit more fact specific and based on what you have posted, probably not.

  5. #5
    Join Date
    Mar 2013
    Posts
    63

    Default Re: Can You Be Sued Even if Not Involved

    Quote Quoting yyz0
    View Post
    It is very common practice with personal injury suits to include EVERYONE that you can think of in the suit and let the legal process sort out who is really responsible in the end. Is it fair, probably not but that's just the way our system works.
    But the way our system also works is to allow claims for attorneys fees and sanctions if it were frivolous to have named a person as a defendant in a complaint.

    A defendant also can make a complaint to the bar about the attorney who represents the plaintiff if it were frivolous for the attorney to have named the defendant in the complaint.

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Injured Worker is Suing For Injuries

    This is a little involved so I'll take it one point at a time.

    1 - You wrote "Father in law recruited an employee to do trial run." That makes the employee an employee of your father in law. Workers Compensation is the only recourse an injured worker has against his employer. If your father in law has Workers Compensation insurance he should report the employee's injury to his Workers Compensation insurance company. That should take him off the hook for the injury.

    2 - Your father in law and husband are being sued for personal injury. For an injured person to prevail he must prove negligence. That your father in law and husband weren't likely to have been negligent doesn't stop them from being sued. If your father in law has Comprehensive General Liability insurance on his business, that policy should provide a legal defense for your father in law and your husband. Your father in law should report the lawsuit to his Comprehensive General Liability insurance company. That should eliminated the need for your father in law and husband to pay for attorneys.

    However, if your father in law is one of those people who operate a business without the niceties of proper insurance, then he and your husband get to pay their lawyers out of there own money.

    They may eventually be absolved from any negligence in the employees injury and get out from under the lawsuit, but without the proper insurance it will cost them dearly.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Injured Worker is Suing For Injuries

    Minor thread hijack:

    Hi, AJ! Welcome to EL!

    End thread hijack

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