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Category: Product Liability

Third Party Injury Claims in Workplace Injuries

When people are injured on the job, it doesn’t always immediately occur to them at the time the variety of individuals that could be held liable. The one chief concern that typically occupies your mind is getting treatment.

Instantly, people begin to think of workers’ compensation as a recourse. However, there are times when not only the employer bears liability for an employee’s injury or illness. There are times when a third party bears some (or all) of the responsibility.  When circumstances dictate that a manufacturer of a product or piece of equipment (Defective Products/Products Liability) used in the workplace be held responsible for an employee’s injuries, the legal theory under which damages may be pursued is called “Third-Party Liability.”

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Your Rights When Injured on the Job

Every day people are injured on the job. And few often know their legal rights when that happens. In addition to the right to file a workers compensation claim, employees injured on the job often have other legal options available to them to get the compensation they need to address their injuries, time away from work and other damages that come into play.

 

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Defective Products Cases Involving Medical Devices

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When a faulty medical device, typically used to better the health of the patient, ultimately causes injuries to the patient, a product liability claim may be a valid way of recovering damages. Devices like defibrillators, implants, contraceptive devices and mesh stents can create added complications to the medical conditions they are meant to treat. Like typical defective product cases, claims filed based on defective products can involve one or more of three legal theories:

  • Defect in the Manufacturing/Production of the Device
  • Defect in the Design of the Device
  • Defect in the Marketing of the Device


A defect in the production of the device will be distinct to the product that caused the injury. The defect can result when an error occurs at the manufacturing facility, an issue with shipping occurs, or an error occurs in the doctor’s office or medical facility. This defect typically occurs between the manufacture of the product and the installation of the device.

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Defective Products Personal Injury – Understanding Responsibility

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Defective products personal injury claims can prove quite confusing for the average consumer today. Understanding the manufacturer's responsibility in providing consumer products to the buying public is often key in helping to determine if you have a valid defective products claim.

Also, understanding that the manufacturer may not be the only responsible party when a product causes undo harm or injury is very important. Knowing who is involved in the chain of custody from manufacturer to retailer and what each role's responsibility to the consumer is may be the first step to identifying responsible parties in a defective products claim.

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Products Liability: Failure to Warn

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There are numerous products on the consumer market that are inherently dangerous. Yet they are sold every day and often those who suffer injury as a result of their use may not actually be eligible to recover personal injury damages.

Meat cleavers, lawn mowers, sundry power tools and even household cleaners all pose specific hazards, but only certain conditions precipitate a valid personal injury claim. Manufacturers and distributors of many products seen as inherently dangerous must by law provide warning of the danger inherent in the products they put on the market.

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