Wood chippers are inherently dangerous machines. They are used by landscaping companies and various other agencies in the disposal of trees and debris. However, what happens when these products are deemed defective? Or when injuries occur from the use of a defective product? Generally injuries resulting from a defective wood chipper can be catastrophic. Wood chipper machinery can cause death, loss of limbs or significant injury. If you have been injured speak with a personal injury attorney regarding your case. If your family member was a victim of a tragic accident from a wood chipper contact our offices to file a wrongful death lawsuit. Many of these accidents occur while the parties are at work so recovery from the employer and manufacturers are possible.
How long do I have to file a case? Statute of limitations in California dealing with personal injury lawsuits are set at 2 years. What this means is that you have two years from the date of the injury to file a claim for your injuries. Similarly a wrongful death lawsuit must be filed within 2 years from the date of death. If a lawsuit is not commenced within that time period then you will be barred from bringing suit for your injuries. Click here to read more about what statute of limitations mean to your case.
Filing A Wrongful Death Lawsuit You should only consider filing a wrongful death lawsuit if there has been a death of a family member or spouse. A wrongful death lawsuit will be permitted if the death of a loved one occurred in a wrongful manner. For example if your loved one perishes while operating a wood chipper you can assert a wrongful death lawsuit. A wrongful death suit permits the party bringing the case to step into the shoes of the deceased. Courts permit these type of cases when there is a direct relationship between the parties. Generally this refers to a blood or family relationship including a husband, father, brother or mother. If the injury took place while at work you are still permitted to file a wrongful death lawsuit for the injuries or loss.
Defective Wood Chipper Liability
Wood chippers which are deemed defective can also cause catastrophic injuries or death. A defective product is one that fails to perform in the manner for which it was designed. A Product is defective if there is a design defect, manufacturing defect or inadequate labeling. Many Wood Chipper accidents occur when the product is improperly used or proper protective guards are not implemented in the design. In such cases objects placed inside the machine can become fast moving projectiles that can cause devastating injuries. If the injury took place at work your employer can be held responsible for the injury. When there is insufficient training or protective gear offered employers can be held accountable for injuries.
Manufacturer Liability When a product is deemed defective all parties in the chain of distribution and sale are liable. This includes retailers, distributors and manufacturers. It is not necessary for the manufacturer to know that the product is defective. Often times defects are not recognized at the production phase. Manufacturers are generally warned or put on notice about a defective product when there are customer complaints or issues. At this which point manufacturers institute recalls in order to avoid future harm.
Common Injuries Common injuries from a wood chipper include the following:
- Amputation or loss of limb
- Loss of fingers and other extremities
- Serious disfigurement and lacerations
- Permanent emotional damage
- Traumatic eye injuries including Optical damage
- Nerve damage
- Traumatic brain injury
What to do after your injury If you have been injured seek immediate medical attention for your injuries. Make absolutely no statements to your employer or insurance company. Speak with a personal injury attorney at Downtown L.A. Law dealing with Wood Chipper injuries for a free consultation. Protect your rights and get the compensation you deserve for your injuries. Many of these claims can include long term future damages. It is important to have a team that is willing to fight for your rights. Contact our offices today for a free consultation.