A harness by design is intended to suspend an individual in various areas. Harnesses have long had multiple applications in both a recreational and industrial setting. However, what happens when a harness fails to work properly or is defective? Generally in these situations those using the harness suffer significant injuries. It is important to determine whether the harness was defective or failed to work properly. If the harness was in fact defective you may bring a product liability lawsuit
against the manufacturer of the product. If you have been injured in an accident involving a harness, which you feel was defective contact our offices for a free case evaluation.
Defective Harness Lawsuit
To bring a lawsuit or cause of action for a defective lawsuit you need to establish that the harness was in fact defective. Determining if the product was defective will generally require an evaluation of the product. Here are three steps to follow if the harness is defective:
- Keep the harness in the post accident condition. Often times one of the most important elements in establishing your case is having the actual product present. This way our experts can conduct various test as needed to establish whether it is in fact defective.
- Do not tamper with the product. Many times you can harm your case if you attempt to tamper with the product. Keeping it the post accident condition is critical to showing that the product was in fact defective.
- If the product is not available or is with the manufacturer or employee it is important to send out a “preservation of evidence” notice. If you have an attorney they will make sure to send out the necessary information to preserve the vital evidence needed for establishing your case.
Who Is Liable for a Defective Harness Accident
In a product liability case, once it is established that a product is defective you can hold responsible any party within the stream of commercial distribution. This includes manufacturers, resellers, distributors and wholesalers. It is not important or required that you be in “privity” with the commercial seller.
This means it is not required that you actually make the purchase in order to bring a cause of action. For example if a friend purchased a harness that is defective, and you used it and were subsequently injured then you can bring a cause of action for your injuries. With a product liability case the most important element of the claim to show or demonstrate that the product was defective.
Once you establish liability then it is possible to hold responsible any and all parties within the stream of commerce can be held responsible. This allows for the injured party to receive maximum recovery for their injuries from multiple defendants. And if the case is handled properly it will allow for a rather expeditious settlement of your legal claim.
Common Injuries Caused by Harness Failures
If a harness fails serious injuries can result. Generally employees who are harnessed high above the ground suffer critical injuries. A list of common injuries can include:
- Traumatic brain injury
- Broken ribs
- Broken back
- Slipped disc
- Facial lacerations
- Spinal cord injury
- Neck injuries
- Broken tibia
- Fractured ankle
This is not a complete list of medical issues. If you have been injured seek immediate medical treatment for your injuries.
Filing a Wrongful Death Case
In the event that there is a tragic death, you may be entitled to bring a cause of action for the death of a family member
. If you would like to proceed with a claim for damages you can do so as long as you meet certain criteria.
California permits a spouse or blood relative of the deceased to bring a claim. However there are some limitations and exceptions to this rule. To learn more about your wrongful death claim contact our offices for a free case evaluation today and we can discuss the case.
How Much Will It Cost?
Our firm handles all harness defect claims on a contingency fee basis. This means that you pay nothing unless we are successful in handling your claim. Upon successful completion of your claim then any attorney fees negotiated will be deducted. If you ave any further legal questions contact our Law Offices toll free (888) 649-7166