A viewer’s brother got his hand caught in a machine at work. What should his next steps be? Product liability attorneys Greg Fellerman and Ed Ciarimboli explain what to do next.
Dave Kuharchik: It’s time once again from the “Law & You” virtual law center with attorneys Greg Fellerman and Ed Ciarimboli. Guys, are you comfortable in our new digs here?
Ed Ciarimboli: We love it. It’s like Star Wars. It’s super cool.
Dave: 2020 stuff, really. We’re looking into the future. And we’re going to help out one of our viewers with a legal scenario. Mike in Avoca says, “My brother works in a local factory and got his hand caught in a machine.” He wants to know where he should get started.
Ed: So, he’s got to get started immediately. And the reason being is so that machine is going to be subject to a spoilation — meaning if evidence is lost or destroyed, that could be a separate claim in and of itself. You’ve got to get to the manufacturer of that piece of equipment, tell them not to move it, not to destroy it, so that you can do an inspection. Because there is some case law recently that says, absent that inspection, you have a very difficult time pursuing a product liability case. And if that machine goes missing, or gets destroyed, you’re going to have a really, really tough time pursuing a case. Because they have shifted the burden a little bit on to the individual who’s hurt to make sure they are being completely pro-active in getting an investigation of that machine. Because it is your burden to prove why it was defective.
Greg Fellerman: Yeah, and I think that the owner, or whoever you’re working for, can send letters, telling them don’t move the machine. If you have to go to court, you can get an order to have that machine inspected. There’s a lot you have to do. And in the end of the day, when you get these types of injuries in a factory, in a plant, you need to give us a call so we can get moving on those cases as soon as practical. Because any delay, anything that’s not done could end up costing you a lot of money. Don’t forget, you have a workers compensation case, we can help with those too.
Dave: These guys can help you out. You can check them out by giving them a call or online. Don’t forget results matter with attorney Greg Fellerman and Ed Ciarimboli. Thanks, guys.
Ed: We’ll be back here in the virtual world tomorrow.
The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.