SHOULD A LAWYER HANDLING WORKERS COMPENSATION CLAIMS ALSO CONSIDER A LAWSUIT FOR DEFECTIVE PRODUCTS?

Lawyers who specialize in handling their clients' claims in Workers Compensation courts have spoken to me about whether or not there is a viable lawsuit involving defective products. That is sometimes referred to as the "Third Party Claim". I investigate the cause of the injury or of the disease and ascertain whether there was actually a defective product involved. One example is where a plant worker fell from a large machine. It was not clear how that could be a defective product case. I sued the manufacturer and the supplier of the machine, obtained corporate documents and design drawings, and took company personnel depositions. I established that the large machine was itself a "product" and the defendants had a duty to warn of fall hazards and to install safety devices. They fought back diligently, claiming the employer and even the decedent did many things wrong and so it was their fault, not the fault of defendants. I settled the case very successfully.