QUESTION
Should I take legal action for getting injured in a culinary accident?
Asked on Jun 29th, 2015 on Personal Injury - Montana
More details to this question:
During one of my culinary school classes, I had my hand injured to the point of stitches because a mixer did not have its guardrail put on it and it cut me. Can I take legal action because of my deep cut?
9 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The question to be answered first is whose negligence was greater, that of the teacher (or sponsoring entity)or yours. They apparently did not check to see the guardrail was missing, and you did not look to see the guardrail was in place before you started to use the machine. You may wish to consult a personal injury lawyer who can review the relevant facts and context in more detail.
Answered on Jun 30th, 2015 at 11:39 AM
Ronald A. Steinberg
Get a lawyer. The laws vary from state to state.
Answered on Jun 30th, 2015 at 9:11 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Possibly. Did you know the guard was not on it? Did you know there was supposed to be a guard on it? If not, when and how did you find out? Might be worth a few letters and phone calls from a lawyer, but probably not something to start a lawsuite over.
Answered on Jun 30th, 2015 at 7:07 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You would want to consult local counsel that regularly handles similar matters in that there aren't really enough facts to tell you what you may be able to do. You may be able to make some claim against the school, but that will depend on what type of school it is (ie: private, public, etc.). You may be able to sue the mixer manufacturer, but that will depend on whether there were any standards relative to guarding the mixer, whether the school (or anyone else) altered the mixer, etc. An attorney will also consider how expensive the case is to pursue, what the likely liability may be, how bad your injuries are, whether there is any permanent disability from the injury, etc. to determine if the case makes economic sense to pursue (it costs money to pursue any litigation and the mere fact of an injury does not guarantee a recovery).
Answered on Jun 29th, 2015 at 9:22 PM
James Eugene Hasser
You very well could take legal action, but it is up to you to decide whether you should. You may want to consider consulting an experienced injury lawyer and asking his or her opinion.
Answered on Jun 29th, 2015 at 9:17 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Can you describe the medical treatment that you had as a result of the incident, and will there be a permanent scar that you can describe? Thank you for your email.
Answered on Jun 29th, 2015 at 9:15 PM
Mixer's have guards on them? ?if they do and this one had it removed so that it was foreseeable that some one could get injured as you did, then the person/company removing the guard was negligent. ?But even though you had stitches, unless there is some permanent injury to your hand, it does not sound like your case is worth much more than a few hundred dollars above the medical costs and other related economic losses you suffered. ?Complain to the cooking school and see what they will do, but do not expect much.
Answered on Jun 29th, 2015 at 9:01 PM
Edwin K. Niles
You should interview several injury lawyers.
Answered on Jun 29th, 2015 at 8:54 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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How much money do you think a jury should award? How much are you to blame for not being more careful?
Answered on Jun 29th, 2015 at 4:51 PM