The most common third party causes of action can be defined as follows: 1) products liability; 2) premises liability; and 3) general negligence.
When a worker is injured by or while using a machine or a device, red flags should be raised to indicate a potential product’s liability claim. Liability in these cases is established by proving that the product at issue was defectively designed and\or manufactured. Products liability cases may arise when a chair breaks, a dry cleaning machine explodes, a crane malfunctions, a ladder collapses, or other similar situations in which a product does not perform as it was designed or intended.
A third party claim may involve premises liability wherein an owner or controller of property has exposed persons entering the property to an unreasonable risk of harm. A prime example of this is a slip and fall accident. For example, where a delivery person slips and falls while entering a store to make a delivery, a third party premises liability suit may exist. In identifying such claims, the savvy adjuster may be assisted by asking, “Who owns or controls the property or business on or at which the injury occurred?”
The most readily familiar third party cause of action is that of general negligence. Liability for general negligence exists when one person or entity owes a duty of care to the worker and fails, either by action or inaction, to fulfill this duty. General negligence causes of action are often seen in motor vehicle accidents, wherein a third party either fails to stop, leading to an intersection collision, or otherwise negligently operates their vehicle, causing injury to the worker.
General negligence claims may be thought of as a catch-all cause of action, which may coexist with both premises and product liability claims. For example, a construction accident may raise questions of liability in all three identified categories. The accident may occur off site (premises liability), involve a potentially defective forklift (products liability), and raise questions as to training and safety warnings (general negligence). It is factual scenarios such as this that call upon the experience of skilled adjuster and\or litigaters to identify potential liability, investigate liability issues, assess the potential for success and the economic risks involved, and timely move forward with a third party claim if warranted. |
