Continuing in the vein of my prior blog, I represented the widow of a man who was burned to death, a horrifying ordeal for all concerned. I conducted discovery and was able to establish that the vessel which exploded into flames was defectively designed. The manufacturer, after two years of what can only be described as 'trench warfare', finally agreed to settle the matter to the client's satisfaction.
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.