Content reviewed by:
Alex Shulman
Yes, you can sue the manufacturer if their defective equipment injures you. This is true even if you have a separate Workers’ Compensation claim or a lawsuit based on New York Labor Laws. Your claim against the manufacturer is a separate, third-party legal action.
These types of lawsuits generally come under the umbrella of personal injury claims rather than Workers’ Compensation. However, when the defective equipment was on a worksite, the two claims can be related. It’s smart to get legal help to fully understand your options.
Our team has recovered over $1 billion in settlements and awards for New Yorkers hurt through no fault of their own. Every Borough, Every Block, New York, We Got You. Call for your free consultation and learn how our New York City Workers’ Compensation lawyers can help.
What Is a Third-Party Liability Claim?
A third-party liability claim in the context of defective equipment is a legal action brought against a manufacturer for placing a defective or dangerous product into the hands of a consumer. In New York, these claims generally fall into three categories:
- Design defects: The basic design of the equipment was faulty from the start.
- Manufacturing defects: The design was safe, but errors or missteps happened during manufacturing.
- Failure to provide adequate warnings or instructions: Lack of proper labeling caused the product to be used incorrectly or did not make users aware of potential dangers.
In addition to the manufacturer, a distributor or seller may also be responsible. If a piece of equipment is unsafe and causes injury during normal use, you, as the injured party, may have grounds for a personal injury claim for defective machinery.
Do You Need an Attorney to Sue for Defective Equipment?
While it is legally possible to file a personal injury claim on your own, it is usually not a good idea. These types of cases can be complex, often involving technical evidence, expert testimony, and multiple potentially liable parties.
If you are also pursuing a Workers’ Compensation claim or a lawsuit based on New York’s Labor Laws, you may need legal help to fully understand how the cases interrelate.
Our team deals with both Workers’ Compensation and personal injury claims. We may:
- Investigate your accident to understand how it happened.
- Investigate the defective machinery to determine how the failure occurred
- Identify all liable parties in the manufacturing, distribution, and sale of the product.
- File a claim and interact with the other side’s insurers and attorneys
- Negotiate for a settlement that will completely cover your damages, if possible.
- Represent you in court and fight for the maximum compensation you deserve.
What Compensation Can You Get in a Third-Party Lawsuit?
A successful claim against the manufacturer of a defective product will cover damages you suffered because of the incident. Serious injuries could lead to large settlements in addition to your Workers’ Compensation benefits. You may recover compensation for losses such as:
- Medical expenses, both current and future
- Lost wages and reduced earning capacity
- Pain and suffering
- Rehabilitation and therapy costs
- Property damage
In rare circumstances, you may be able to receive punitive damages. Be aware that any settlements or awards you receive in a third-party lawsuit could compel the Workers’ Compensation insurer to ask for repayment in some cases.
How Long Do You Have to File a Lawsuit for Defective Equipment?
When you are injured at work, the most important thing is to get the medical attention you need. This not only protects your health but also establishes medical records that may be important for your legal cases. Then, contact our legal team, as you only have a limited time to file your claims.
In New York, the statute of limitations for most third-party claims is generally three years from the date of injury, governed by CPLR 214. However, certain factors could lengthen or shorten this timeline. It’s important to talk to an attorney as soon as possible.
You’ll also need to work quickly if you have a related Workers’ Compensation claim. While you’ll have two years to file a claim, you must notify your employer of your injury within 30 days. Our attorneys can help you understand how these deadlines may impact your case.
Get Help If You Have Been Injured By Defective Equipment
You can sue a manufacturer of defective equipment if you have been injured by it, even if you are also pursuing a Workers’ Compensation claim. Your lawsuit against the manufacturer is a third-party claim and is managed separately.
Handling both a Workers’ Compensation claim and an additional lawsuit is a lot to deal with, especially if you are seriously injured. In both cases, insurance companies may work to deny you the benefits and compensation you deserve. It’s wise to get legal representation.
Our team at Shulman & Hill has more than 200 years of combined legal experience. Whether you need help with a Workers’ Compensation claim or a personal injury lawsuit, we are here to stand up for you. Call today for your free consultation and tell us what happened.
