Visitor Question

Sat on Defective Chair at Work…

Submitted By: Ernest (California)

I work at a power plant.

We use rolling office chairs in our control rooms.

Today as I sat down on one of our chairs, the chair broke right in half and I fell and landed on my backbone.

I had two witnesses see this happen.

I informed my supervisor of the accident and we are doing an incident report.

Just to let you know, I would never try to sue my workplace.

This place has been good to me and I would never go that route.

My question is this: Can I seek legal action against the manufacture of the chair?

The whole side of my body hurts and I was curious if this pain went on for a while if I’ll be able to avoid workmans comp and just pursue a case against the chair company?

Thank you for your time and consideration!

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Ernest,

You have a keen legal mind. You are correct about pursuing legal action against the manufacturer of the chair. That kind of a case is considered one of “product liability”.

If you are injured and require medical attention you don’t have to “sue” your employer.

That’s what workers’ compensation insurance is for.

You would be best served by seeing a doctor as soon as possible.

You need to know if the injury is serious enough to require treatment, and if so what type of treatment you will need and how long the treatment will last. You also need to know if your injury and its treatment will require a recovery period.

Once you know the nature and extent of your injury you will be able to know if pursuing a product liability claim will be worth the time and effort.

You mention your concern about the pain possibly lingering. That really isn’t something you need to be concerned about from a legal standpoint. The State of California has a 2 year Statute of Limitations. That means you would have 2 years from the day of your injury to either settle your claim with the manufacturer or file a product liability lawsuit.

You are in the right position now. Let the injury reveal itself. Hopefully the symptoms will recede. If not you will have plenty of time to construct your product liability case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 9, 2011

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