Lexington Forklift Lawyer
Whether used in construction, shipping and logistics, general manufacturing, or related industries, forklifts are a powerful, efficient tool for helping people move large objects short distances. Still, as a piece of heavy equipment, there are many hazards associated with forklift operation. At times, accidents are the result of carelessness by the operator. In other cases, forklift fatalities and injuries are the result of misconduct by a South Carolina employer or the manufacturer that produced defective equipment.
Forklift accidents are preventable, so you may have legal remedies if you were hurt or lost a loved one. You can rely on our team at The Stanley Law Group to help pursue all at-fault parties and ensure you receive fair compensation for your losses. We have more than six decades of experience representing victims, so please contact us to schedule a no-cost case evaluation. A Lexington forklift lawyer can provide personalized details, but some basics are also helpful.
Elements of a Products Liability Case
Forklifts are primarily used in connection with employment, so many people assume that the legal remedy after suffering injuries is filing a workers’ compensation claim. As you might be aware, workers’ comp is the sole remedy for on-the-job injuries in South Carolina, and you are barred from recovering amounts for pain and suffering.
However, there is a key exception to this rule: You may file a civil lawsuit in court if a third party, unrelated to your employer, caused your injuries. With defective forklifts, it is possible to pursue the manufacturer under the theory of product liability. In these cases, you must prove that:
- The forklift was unreasonably dangerous as it was designed or manufactured;
- The manufacturer distributed the forklift to the end user, to be used as intended; and,
- The defect was the cause of your injuries.
Legal Assistance with Recovering Damages
If you can prove the above elements of a products liability case, it is possible to recover such economic damages as medical costs and lost wages. Plus, because your action is a civil suit and not workers’ comp claim, you can obtain amounts for pain and suffering. Our Lexington, SC forklifts lawyers at The Stanley Law Group will handle essential tasks, including:
- Gathering evidence regarding the defective forklift;
- Reviewing your medical records;
- Filing a claim with the forklift manufacturer; and,
- Discussing settlement options to resolve your claim by agreement.
If the manufacturer refuses to settle for a fair amount, we are prepared to pursue a civil lawsuit in court. Our team will handle all litigation tasks, such as court appearances, discovery, depositions, and a trial.
Get Legal Help from a Lexington Forklift Lawyer
As you can see, there are complicated laws and legal concepts that cover forklift accident claims. The Stanley Law Group is prepared to overcome challenges, so please contact our firm to learn how we can assist. We are happy to set up a free case review with a Lexington forklift lawyer. Once we learn more about your situation, we can advise you on the process.
