faulty sewing machine caused injury

[micheleh]

What is the name of your state (only U.S. law)? FL

I purchased a sewing machine from a TV seller (like QVC) and it caused severe injury to my hand because the needle came loose from the machine and stabbed me. My medical bills are now in the thousands because of this and even though my insurance picked up most of it I've had to pay the deductible and even that is $900. Is it proper to sue the TV seller? Or the maker? Or both? I don't want to hire a lawyer if I can help it. What will I need to prove to win my case? Thanks.

[Stevef]

Originally Posted by micheleh

What is the name of your state (only U.S. law)? FL

I purchased a sewing machine from a TV seller (like QVC) and it caused severe injury to my hand because the needle came loose from the machine and stabbed me. My medical bills are now in the thousands because of this and even though my insurance picked up most of it I've had to pay the deductible and even that is $900. Is it proper to sue the TV seller? Or the maker? Or both? I don't want to hire a lawyer if I can help it. What will I need to prove to win my case? Thanks.

You may want to re-think using a lawyer. If you sue for $900 and win, your insurance company would be entitled to most, if not all, of that award. They are out thousands, not only your hundreds.

You would have to prove that the sewing machine was unreasonably dangerous, and that it was in substantially the same condition when it caused the injury as it was when it was made.

You could sue the manufacturer or the seller. It's your choice.

You can expect the seller or manufacturer to claim that your injury was caused by your improper use of the machine.

[micheleh]

"If you sue for $900 and win, your insurance company would be entitled to most, if not all, of that award. They are out thousands, not only your hundreds."

Can't I sue for thousands? My insurance is between me and my company. Why should the maker of the sewing machine get out of having to pay for all my injuries just because I pay for insurance? If my insurance company wants me to pay it part of my award, then that's between the insurance company and me, right? Thanks.

[Blue Meanie]

Originally Posted by micheleh

What is the name of your state (only U.S. law)? FL

I purchased a sewing machine from a TV seller (like QVC) and it caused severe injury to my hand because the needle came loose from the machine and stabbed me. My medical bills are now in the thousands because of this and even though my insurance picked up most of it I've had to pay the deductible and even that is $900. Is it proper to sue the TV seller? Or the maker? Or both? I don't want to hire a lawyer if I can help it. What will I need to prove to win my case? Thanks.

What proof do you have that the cause of injury was the machine and not you?

[micheleh]

"What proof do you have that the cause of injury was the machine and not you?"

Why do you want to know?

[Gail in Georgia]

Because you would have to prove that your injury came about as a result of a defective piece of equipment.

For what it's worth, the needle in my sewing machine comes loose at times; the continued motion of the machine can easily do this. Once I ran the needle through my thumb feeding material into the machine. In neither of these cases were these things due to a defect in the actual product.

Gail

[Stevef]

Originally Posted by micheleh

"If you sue for $900 and win, your insurance company would be entitled to most, if not all, of that award. They are out thousands, not only your hundreds."

Can't I sue for thousands? My insurance is between me and my company. Why should the maker of the sewing machine get out of having to pay for all my injuries just because I pay for insurance? If my insurance company wants me to pay it part of my award, then that's between the insurance company and me, right? Thanks.

You can sue for thousands, but when someone says he or she doesn't want to use a lawyer, he or she is best advised to use small claims court.

If you sue in the state court system, the defendant's lawyer will probably get the case thrown out because of a procedural error on your part. It would be like trying to play rugby without knowing the rules. Anything you attempt will probably be wrong, and you'll get hurt in the process.

[micheleh]

Originally Posted by Stevef

You can sue for thousands, but when someone says he or she doesn't want to use a lawyer, he or she is best advised to use small claims court.

If you sue in the state court system, the defendant's lawyer will probably get the case thrown out because of a procedural error on your part. It would be like trying to play rugby without knowing the rules. Anything you attempt will probably be wrong, and you'll get hurt in the process.

I see. Thank you. I hadn't thought about keeping it in small claims court vs. another court.




Gail, I understand that I need to prove my case. I just don't know why Blue Meanie needs for me to provide him with my proof. I don't need or want him or anybody to analyze my case over the internet. How could that even be possible? My questions have been about the law (who to sue, how much to sue for, what I will need to prove). Steve has answered my questions perfectly. Thank you Steve!

[Zigner]

Originally Posted by micheleh

I see. Thank you. I hadn't thought about keeping it in small claims court vs. another court.




Gail, I understand that I need to prove my case. I just don't know why Blue Meanie needs for me to provide him with my proof. I don't need or want him or anybody to analyze my case over the internet. How could that even be possible? My questions have been about the law (who to sue, how much to sue for, what I will need to prove). Steve has answered my questions perfectly. Thank you Steve!

Because you, likely, don't have a case. This could easily be more of a problem with a loose nut in the chair, as opposed to a defective machine.

[AnotherMoron]

Originally Posted by Zigner

This could easily be more of a problem with a loose nut in the chair, as opposed to a defective machine.

Z, I sure do like you

[Blue Meanie]

Originally Posted by micheleh

I see. Thank you. I hadn't thought about keeping it in small claims court vs. another court.




Gail, I understand that I need to prove my case. I just don't know why Blue Meanie needs for me to provide him with my proof. I don't need or want him or anybody to analyze my case over the internet. How could that even be possible? My questions have been about the law (who to sue, how much to sue for, what I will need to prove). Steve has answered my questions perfectly. Thank you Steve!

Why are you assuming I am a man? My user name is gender neutral...

My point was that this whole thing could be a colossal waste of time...You may have put the needle in wrong and that is what caused it to come loose. You have to prove you case, and frankly I don't see how you could...

[TimStudiesLaw]

Originally Posted by micheleh

My insurance is between me and my company. Why should the maker of the sewing machine get out of having to pay for all my injuries just because I pay for insurance? If my insurance company wants me to pay it part of my award, then that's between the insurance company and me, right?

Follow this link for information on this specific question.

[url=http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0768/Sec76.HTM]Statutes & Constitution :View Statutes : Online Sunshine[/url]

[pmorrison2588]

Call a technician, or take the machine to a technician, who can examine it, and give you a valid certificate of the machine being defective. Then take the certificate, the bill of the machine when you bought it, and all your medical bills, and the certificate of the doctor saying it was an accident due to the needle of the sewing machine, and also a certificate saying you are not on drugs or alcohol in normal life. Then with these evidences, you can proceed.

[Blue Meanie]

Originally Posted by pmorrison2588

Call a technician, or take the machine to a technician, who can examine it, and give you a valid certificate of the machine being defective. Then take the certificate, the bill of the machine when you bought it, and all your medical bills, and the certificate of the doctor saying it was an accident due to the needle of the sewing machine, and also a certificate saying you are not on drugs or alcohol in normal life. Then with these evidences, you can proceed.

Oh PLEASE!! SHUT UP!