California Third Party Liability Attorneys

Determining whether or not your work-related injury can also lead to a successful third-party claim can be difficult. The general rule of thumb is to look for a liable individual or entity that is outside the employer/employee relationship. Some illustrative examples of third party claims include:

• Product liability: Dangerous tools, machinery, and/or equipment at the job site. Manufacturers of industrial equipment often fail to incorporate proper safety mechanisms (i.e. safety guards, emergency shutoffs), utilize inherently dangerous designs when safer alternatives exist, fail to account for foreseeable misuse, and/or fail to provide proper instructions/warnings to the users leading to injury.
• Premises liability: Owners and/or property managers often fail to maintain the job site in a proper, safe condition and/or fail to warn of potential dangers leading to injury.
• General negligence: An individual or company working at the same location fails to act in a safe manner and/or purposely commits a harmful act leading to injury.
• Wrongful death: In the worst-case scenarios, a worker may lose their life due to the acts or omissions of a third party while on the job.

California has a general two-year statute of limitations in place for personal injury claims, which include third-party claims. However, some types of claims have shorter statutes that apply to them, and claims against government entities must be brought within as little as 6 months from the date of the incident. If a victim fails to file a lawsuit within the appropriate time window, they will be barred from seeking recovery in the future.

Notably, seeking recovery through the workers’ compensation system does not protect your rights with regard to a potential third-party liability claim. It is, therefore, important to consult with an attorney as soon as possible.