The Law & You

I Was Hurt at Work By a Defective Product. Who Can Be Held Responsible?

A viewer was hurt at work by a defective hose. Although he is currently on workers compensation, does he have a case against the person who supplied the hose? Personal injury lawyers Greg Fellerman and Ed Ciarimboli have the answer.

Dave Kuharchik: It’s time once again for “The Law & You” featuring the area’s premier attorneys Greg Fellerman and Ed Ciarimboli. And how about the area’s premier legal set, the virtual law center?

Ed Ciarimboli: It’s awesome. I love it.

Dave: Unbelievable. It’s a great set, people love it. Loving the energy too. We’re standing up, we’re conveying the legal answers.

Greg Fellerman: We’re used to working on our feet.

Dave: Yeah, that’s what attorneys do.

Ed: It’s like we’re in a courtroom.

Dave: Absolutely. And let’s get to our question today, help out Mike in Dalton here. Mike says, “I was hurt at work when I fell off a truck because of a defective hose I was working with. So my employer picked up the comp claim but I am worried about my leg. Do I have a case against the owner of the job site who is not my employer and supplies the hose?” So kind of a complicated injury on the job scenario from Mike.

Ed: Mike, not only do you might have a case against the owner of the job site but you may also have a case against the manufacturer of the hose if there was something defective in the hose. This is a very complicated and complex claim. We’re always saying get to a lawyer immediately because you need to get the investigation done immediately, you need to get letters of spoliation out. A letter of spoliation means you’re going to tell people don’t discard or disregard any evidence whatsoever because it’s all really import for your claim. And if you don’t do that, you may be precluded from even having a claim.

Greg: Sometimes you get lucky, sometimes OSHA will come out or some other overseeing body and conducts an investigation, which can be helpful. But, in these cases, it’s very important. Even though you’re getting your workers compensation benefits, I still think it’s in your best interests to reach out to a lawyer. Because I can guarantee you at some point, that insurance company, on behalf of your employer, is going to try to send you back to work. And if you’re not ready, you better be ready for a fight. Because it’s coming.

Dave: All right, and these guys will certainly fight on your behalf. You can check them out online or reach them at the office and don’t forget results matter. Attorneys Greg Fellerman and Ed Ciarimboli, always good to see you guys.

Ed: Thanks, Dave. See you tomorrow.

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