Can I sue a manufacturer for an unsafe product and sue my employer for negligence if they knew of the safety concern?

Question

Douglas Rothschild · Answer

Yes.

Maxwell Livingston · Answer

Yes.

Gregory Crain · Answer

Yes.

Gary Moore · Answer

Yes.

Melvin Franke · Answer

I need more facts. What are your damages?

Mark Smith · Answer

The unsafe product yes, as long as it was unsafe when it left the manufacturer's control. As for your employer the injury must have occurred in the course of employment.

Gregory Casale · Answer

Probably to both, but without far more information, it is impossible to further advise you.

Stephen Lombardi · Answer

Clearly you've not given enough facts for any lawyer to answer your question. What product? What defect? How was the product being used? Was there any harm? Was the harm caused by misuse or by using the product as recommended?

Willie Stephen Graves · Answer

If you were injured by a defective product, you may have a case against the manufacturer.  Whether you have a case against your employer is a bit more complicated and depends at least in part on whether the employer is a workers' comp subscriber. See a personal injury lawyer.

Thomas Bulman · Answer

Yes sue the mfg.  Work comp the employer.

Keven A. McKenna · Answer

Maybe. More facts are needed. You may not have standing to sue if you did not buy the product. If you were an intended user, you probably have standing.

Irving Blank · Answer

You can sue the manufacturer, but your claim against your employer may be restricted to workers compensation.  These are very expensive suits and unless you have serious injuries there is a likelihood that you will not be able to justify bringing a suit.  Workers Comp will cost you little, if anything, and that might be your best route.

Cale Plamann · Answer

Yes but these are incredibly complex areas of law and you have provided almost no details.  I suggest calling a lawyer as soon as possible.

Ronald A. Steinberg · Answer

Yes, bit you will need an expert to prove the defect.  Unless you can prove that the employer is grossly negligent, your claim will be for workers comp.

Kevin Habberfield · Answer

Manufacturer yes, employer no.

Michael Yurasov-Lichtenberg · Answer

Probably. A definite answer depends on the details of your case.

James Osak · Answer

POSSIBLE. You would have to PROVE these theories of yours.

Paul Whitfield · Answer

Under certain circumstances you can do that if the action is deliberate by your boss (kinda reckless disregard for your safety) and always you can sue the mfr find you a good lawyer if you have a bad hurt.

Brett Rosenthal · Answer

You can the manufacturer of any product if you can prove that product was "defective" and that defect caused injury. What is a "defective" product is a term of art and requires the injured party to prove that the product failed to perform as safely as an ordinary consumer would expect, an objective standard, which is fairly easy to satisfy. The injury must not have occurred do to your misuse of the product, unless it was a foreseeable misuse, for example standing on a chair is a foreseeable misuse of a chair. As for suing your employer for negligence, if the injury occurred while you were on the job and your employer has worker's compensation insurance, than you are limited to that remedy as to your employer.

Bernard Huff · Answer

You should first consult with a plaintiff's product liability lawyer to determine if you have a sufficient basis to file a claim and/or to bring a lawsuit.

David Stoddard · Answer

You can sue a manufacturer for injuries caused by a product that is unreasonably unsafe.  Normally, you cannot sue your employer for negligence, but your exclusive remedy against your employer is in workers comp.  You can file a workers comp claim against the employer and a lawsuit against the manufacturer.

David Ayer · Answer

A product liability claim is a very common form of personal injury claim. Your employer has a duty to warn you of an unsafe condition in the workplace. If your employer knew of the problem and failed to warn you and you were injured, you likely have a claim against your employer for negligence. You could possibly sue both the manufacturer of the product and others in the supply chain. You should consult with a personal injury attorney right away to determine the merits of your claims and the best course of action.

Jules D'Alessandro · Answer

Yes and No.  You can sue the manufacturer of a dangerously defective product as long as there were not substantial modifications to the product made by your employer.  You cannot sue your employer for negligence as your exclusive remedy against an employer in Rhode Island is through a worker's compensation claim.

John Brennan · Answer

If you were injured at work, it is a workers comp issue, if the employer knew of the danger and allowed it to exist it may be a negligence and if a danger product the manufacture might have a liability.

Andrew Velonis · Answer

Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability. The manufacturer and seller of a product can be held liable for injuries caused by a defect of the product. You would have to prove that there was a defect in the design or manufacture of the product, or that they failed to adequately warn you of potential hazards, which resulted in your injury.

Jeffrey Lapin · Answer

I can only answer your question generally as you do not provide any specifics about how you were injured.  You can sue a manufacturer of an unsafe product, depending on the circumstances, for negligence, product liability, breach of warranty or other legal theories.  You can only sue your employer in Workers' Compensation Court. An employee, assuming the employer has workers' compensation insurance, can only sue their employer in Workers' Compensation Court. It does not matter if the employer knew the product was unsafe as you are only entitled to the damages, that is money and other benefits, provided by Nebraska Workers' Compensation law.

Michael Heilmann · Answer

The exclusive remedy against the employer is the worker's compensation system. The product defect will determine whether or not there is a viable claim.

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Can I sue a manufacturer for an unsafe product and sue my employer for negligence if they knew of the safety concern?

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