In a recent U.S. Consumer Product Safety recall, the following product was recalled due to compression injuries. According to recall reports it appears that the steel-toe function on the product was not working properly. Manufactures that produce a product, which fails to work properly will be held responsible for the injuries sustained by the injured parties. If you were injured you may be entitled to either join our class action lawsuit, or pursue an individual claim for injuries.
Individual Lawsuit Against Shoe Manufacturers
If you have been injured as a result of using a defective product
you have a right to pursue a claim for your injuries. What this means is that you have the right to pursue a claim outside of a class action lawsuit. There are a few benefits to taking this approach, which include the following. First, a non-class action lawsuit gives your case individual and specialized attention. Rather than group your case together with 100’s or even 1000’s of other potential plaintiffs, you can pursue an individual claim for your own damages. Second, pursuing an individual claim allows you to maximize your individual claim. This is particularly true if you have suffered significant trauma to that area or region of your body.
Workers Compensation Claims for Injuries Caused by Defective Shoes
If the injury took place at work, you can also pursue a worker’s compensation claim for your damages. A workers compensation claim is limited in what it allows for recovery. For example you cannot recover for your pain and suffering in workers compensation claims. Additionally, workers compensation claims can take up to 4 years or more. However, there are ways where you can split up your case to pursue two different elements of your case. You can pursue a worker’s compensation claim and a independent claim for your damages against the manufacturer. However, this will depend entirely on the case and specialized rules would likely apply, depending on the jurisdiction.
Common Injuries and Case Value in Defective Product Injuries
Anytime you are dealing with case value the first step is figuring out what your injuries are. You can never put a fair value on a case unless you actually know what the injuries are. If you have significant injuries, then the case will shift to a different direction in-terms of value. Additional factors to consider are loss of income, which will add to the value of your claim. Considering the use of this product common injuries can include orthopedic injuries. This can include traumatic foot injuries, back injuries, toe amputations, infection and other related injuries.
Establishing Liability – Who Is Responsible
When a manufacturer produces and distributes a product that is defective, they will be held liable for the injuries sustained by its end users. In this particular case the manufacturer of the product will be held liable for the injuries sustained by the users of the product. There are a few different theories of liability including failure to warn, defective design and defective manufacturing. Liability can also be imposed to any online retailer or any distributor of the product who was responsible for the sale of the product.
In light of this recent recall, the attorneys at Downtown L.A. Law Group are investigating claims on behalf of injured parties using Rocky Brand Steel Toe Boots. If you have been injured we would like to hear from you and help determine whether you have a potential claim. Contact us today in order to learn more about our current investigation and what legal options are available for you.
Rocky Brand Steel-Toe Shoes Recall
Statute of Limitations Product Liability Lawsuits