Cotton Gins are useful tools for cotton manufacturers. However in some instances industrial machinery including cotton gins can cause devastating and life threatening injuries to individuals who use them. Our law firm is proud to represent victims of workplace industrial accidents who have suffered severe injuries due to the negligent or wrongful acts of employers or defective manufacturing and processing equipment.
Attorney Representation: Our workers compensation and employment injury law firm offers all injured victims with free no cost and confidential legal consultations regarding their case. To contact us call (855) 339-8879.
Common Cotton Gin Accidents and Injuries
Some of the most common injuries resulting from the use of a cotton gin are as follows.
- Finger amputations are the most common injuries resulting from the use of a cotton gin.
- Crushed limbs including arms, hands, and feet.
- Traumatic brain injury.
- Hand and arm amputations.
- Lacerations of the face, fingers, arms and hand.
- Burn injuries from defective cotton gins catching fire.
Product Liability Cause of Action Against Manufacturers of Defective Cotton Gins
In many instance amputations injuries are due to defects present in the cotton gin itself. In those circumstances victims have the right to file product liability claims against the manufacturers of distributors of the industrial machine. Generally product liability lawsuits can be achieved by showing one of the following.
- Defect in the original design of the cotton gin: This can be shown when there is a similar but less dangerous design in existence at the time of production but the manufacturers decided to use the more dangerous one.
- Defective in the manufacturing process of the cotton gin: When the manufactured end product is markedly different and as a result substantially more dangerous than the original design.
- Labeling Defect: also referred to as the failure to properly warn of known and knowable dangers associated with the common use of the product.
Can You File a Lawsuit?
If you can prove that the harm that you suffered occurred as a direct result of a defect in design, labeling, or manufacturing, then you could have grounds to file a lawsuit. More specifically, you could file a lawsuit based on product liability law for the harm resulting from the defective product. Of course, if you have grounds to file a lawsuit, then you could also have grounds to recover monetary compensation for the harm that you suffered.
Compensation Available for Victims of Cotton Gin Accidents
Victims of personal injury are entitled to full and just compensation for all hams suffered. The average amputation injury claim is dependent on several significant factors unique to every individual victim. Some of the most important factors in determining the average value of your case are as follows
- The severity of the injury suffered by the victim
- The need for future medical or rehabilitation expenses
- Need to disability care including nursing home care
- Pain and suffering including emotional anguish and distress from the injuries suffered
- Lost wages and loss of future income associated with the injuries suffered
- Availability for punitive damages
In what circumstances are punitive damages awarded: Punitive damages can be awarded when the at fault party displayed either an intent to cause harm or a reckless disregard for the life and health of the injured victim.
If you or a loved one have suffered an amputated finger or degloving injury due to the use of a defective cotton gin machine and have any further legal questions feel free to contact our law offices toll free (855)385-2529. All legal confidential consultations are provided by our attorneys free of charge.
Further Information: Amputation at Work Lawsuit Information OSHA Regulations for the Proper Use of Cotton Gins
Our lawyers here at Downtown L.A. Law Group are ready to fight for your rights and help you recover the highest settlement available. You can trust that our attorneys will not rest until you are awarded the settlement that you are owed for your product liability lawsuit.
Recommended Steps to Take: After being injured by a defective product, affected consumers could definitely have grounds to sue. However, there are a number of things that affected consumers should do to prepare to file a lawsuit. Recommended steps are as follows.
- Take photos of all visible injuries
- Seek medical attention as soon as possible
- Report the injury to your employer (if the incident occurred at work)
- Report the injury to the product manufacturer
- Stop using the defective product immediately (do not tamper with it in any way)
- Speak to witnesses and collect their contact information
- Identify and gather any video footage that might have captured the incident
- Collect all relevant medical records
- Collect all records of lost wages
- Seek legal assistance as soon as possible
If you are ever unsure of how you should proceed after being injured by a defective product, including a defective product at work, do not hesitate to contact us as soon as possible. Our product liability lawyers are ready to guide you every step of the way.
What if My Boss Contributed to the Incident? Even if your accident occurred directly because of the defective cotton gin, it is possible that your employer has at least some liability in the incident. As explained above, you could have grounds to file a product liability lawsuit against the product manufacturer for the harm that you sustained because of the defective cotton gin. However, your employer could face liability and be sued for your workplace injuries under the following circumstances:
- Your employer knew that the cotton gin was defective
- Your employer should have known that the cotton gin was defective
- Your employer failed to take any action regarding the defective cotton gin
- Your employer ignored reports of complaints regarding the safety of the defective cotton gin
Employers have a duty to ensure that work conditions remain safe for their employees. This includes making sure that all their machinery and work equipment are safe to use. If they fail to do this and contribute to an incident that leaves their employees injured, then they could be liable and sued. For more information about employer liability for workplace injuries, do not hesitate to contact our experts today.
The Statute of Limitations: All lawsuits are subject to a statute of limitations – or a timeline to file your injury claim. In the state of California, product liability claims and workplace injury claims both are subject to a two-year statute of limitations. This means that claimants have only two years to file their lawsuit. Failing to file on time can result in losing the right to sue entirely. Of course, the statute of limitations that applies will depend on the state that you are filing in (as every state has different deadlines). It is also important to note that certain exceptions could apply, which could pause the statute of limitations for some time. To ensure that you have a thorough understanding of the statute of limitations that applies to your claim, contact us today.
Downtown L.A. Law Group Can Help You: Here at our law firm, our lawyers have decades of experience handling all sorts of injury claims. Our experts are ready to help you sue and recover the payout that you are owed. We are proud to offer free legal services, which include free consultations and free second opinions. These are available as part of our Zero-Fee guarantee – meaning that you will not be required to pay any upfront legal fees to speak with our lawyers. Our law firm also works on contingency; therefore, our clients will not have to pay anything until after their lawsuits are successful. If you don’t win, you won’t pay.
If you are ready to speak with our experts, contact us today.