What are my rights if my hand was severely injured by a blender blade?
Question Details: I recieved a deep laceration on my hand that cut my tendons from a blender blade. I am off work for 8-10 weeks. I have no mobility or feeling in 3 fingers.
If this injury occurred on the job, you have a workers' compensation claim and should obtain the appropriate documents from HR for filing your workers' compensation claim.
If this injury did NOT occur on the job, notify in writing the insurance company for the manufacturer of the blender and the insurance company for the seller (store where the blender was purchased).
If you are claiming that the blender blade is defective or is inherently dangerous, you have a product liability claim against the manufacturer of the hlender and seller (store where it was purchased)
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.
Your personal injury claim filed with the insurance carriers for the manufacturer and seller of the blender should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the insurance carriers for the manufacturer and seller of the blender, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file a lawsuit for negligence and strict liability. Negligence is the failure to exercise due care to produce a product that is not defective. Strict liability is liability whether or not due care was exercised. Negligence and strict liability are separate causes of action (claims) in your lawsuit.
The seller (store where the blender was purchased) is liable even if it could not have known the product was defective.
If the case is NOT settled with the insurance carrier for either defendant (manufacturer and seller), name both defendants in your lawsuit.
If the case is settled with the insurance carrier for one but not both defendants, only name the party with whom the case has NOT settled as a defendant in your lawsuit.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.