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Category: Third Party 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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Child Injuries at School or Day Care Facilities

When a parent or guardian commits their child to the care a private professional facility like a private school or day care center, there is a legal obligation that that facility takes on to make all reasonable efforts to ensure the child’s safety. However, if a child is injured in the care of a private school or day care facility, it does not mean that a personal injury judgment is automatically warranted. The legal threshold for “reasonable efforts” to ensure a child’s safety is quite fluid and differs from situation to situation and from child to child.

For instance, older children may in fact be trusted with scissors in the creation of a crafts project, while younger children may need more supervision. Likewise, the environment and situation one is challenged with may require even more effort to ensure the child’s safety. Supervising children in a classroom setting may require fewer measures of precaution than doing so on a field trip to an amusement park, where external factors are many and perhaps even unpredictable.

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Why Samsung Customers Might Have Relinquished Their Rights to Sue for Injury Damages

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Unless you have been living on the moon for the last year or so, you have probably heard much about Samsung's continual difficulties with its combustible mobile devices. Problems began surfacing with the brand's popular Note 7 device when batteries began spontaneously catching fire. Soon after, the Samsung's flagship Galaxy 7s phones began experiencing the same problem. After a spate of damage control the company finally recalled the devices and eventually enacted a "kill switch" software update to put phones yet to be returned out of commission.

In the ensuing months, word of injuries and damages resulting from these spontaneous combustion episodes surfaced and recently the first reported case of a class action personal injury suit came to light.

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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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