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Manufacturer of Workout Equipment

Discussion in 'Accidents, Injuries, Negligence' started by slayer, Mar 26, 2004.

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  1. slayer

    slayer Law Topic Starter New Member

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    What exactly does it take to sue a manufacturer for product liability?

    The short story is I was working out on my lunch hour at the fitness center on property at my work. The machine I used was not properly bolted down and shifted while I had weight (400lbs) on my shoulders. I dropped the weight "amputating" about 1/2 inch from my left thumb. I never signed any waiver releasing them from liability. The original company stance was the since it was on my lunch hour it was my responsibility and the medical and time missed would be my responsibility to worry about. Well I, have since informed them that isn't acceptable. My HR rep cam back today and basically asked me what would be needed in order to make this all go away(not in those words). Because I had, stated I do not want to sue the company. My answer was my time and medical expenses reimbursed and $4000.

    I am hoping to settle with my company without the need for a lawyer and or legal action. That is because I like my company. My question is if I do settle with my company, can I still sue the maker of the equipment for not reccomending the machine be bolted down? Thank you for any and all help.

    Sam
     
  2. NYClex

    NYClex New Member

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    well, from what you tell it seems the fault definitely lies with the owner of the equipment, which seems to be your employer.

    I am not sure if there is any fault with the manufacturer. Have you seen the instructions for installation of the equipment? I cannot imagine that they do not advise people to bolt it down correctly

    So you first would have to find out what the recommended procedures are and if they were closely followed by whoever installed that machine.
     
  3. slayer

    slayer Law Topic Starter New Member

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    The installer of the equipment is the manufacturer. The manufacturer doesn't "reccomend" bolting it down, because according to the manufacturer, it will not move. The machine moved, causing the accident. Wouldn't that kinda be the manufacturer who happens to be the installers fault?

    Sam
     

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