Wrongful Death Potential Lawsuit - Who Do You Sue?

[Zigner]

personally I think you have a better shot against the manufacturer than the park. The manufacturer has to deal with defective engineering and foreseeable injuries due to poor engineering or poor warnings. The lack of ROP (roll over protection) is important. Additionally, you have pointed to the problems with operating a mower on a decline. That is the type of thing the manufacturer must warn against.

Who said they didn't? The operator (apparently) chose to not follow the ample warnings posted on the machine to read and understand the operating instructions prior to using the machine...

Furthermore, if those warnings are obliterated or obscured, then it falls to the owner of the machine to make certain that the situation is rectified.


HOWEVER - I am curious as to why an attorney would even hesitate to name the manufacturer in the suit. Heck, I'd bet they have some pretty deep pockets!


ETA: I see that Just touched upon the above issues

 

[Steelers Rule]

it doesn't have to be "faulty" per se. Faulty design or instructions will cause liability. The construction of the machine combined with the knowledge of how it will likely be used (on a hill) combined with a lack of proper warnings can lead to liability.

there would be a lot to overcome (such as what were the actual warnings on the machine or in the operators manual that he should have read before operating the thing) before prevailing but that is why you go to court.

The attorney has pictures of the mower and all warnings... It does not warn that on an incline the machine pulls to one side or the other. The machine never had a roll bar. The accident, or report written by the Chief of Police stated he was pinned beneath the machine and drowned.

 

[Zigner]

The attorney has pictures of the mower and all warnings... It does not warn that on an incline the machine pulls to one side or the other. The machine never had a roll bar.

I'll betcha there are warnings to follow all applicable safety precautions as listed in the owners manual...

 

[Steelers Rule]

I'll betcha there are warnings to follow all applicable safety precautions as listed in the owners manual...

Good point, I would then direct back to the Business Owner to provide pertinent safety information if my stepfather was told to practice.

 

[justalayman]

What would that insurance company pay for? The funeral? BTW, thanks for the help so far...all

the parks liability insurance carrier is who will be responsible for paying anything you might win so they are going to be hiring lawyers to defend the park.

 

[Steelers Rule]

the parks liability insurance carrier is who will be responsible for paying anything you might win so they are going to be hiring lawyers to defend the park.

gotcha, I am picking up what you are laying down....

 

[Lolie]

I would fully expect a manufacturer's legal team to present evidence by expert witnesses whose evidence would need to be refuted by expert witnesses on your side. Whether you can find an attorney willing to carry that cost may well determine your best course of action.

No-one can guarantee you that any party you sue would settle without a trial, so the willingness of an attorney to front the cost of going to trial against each party is a relevant issue.

It's true that the manufacturer would have the deepest pockets, but that means they have the deeper pockets for mounting a defence too.