Bronx, NY asked in Personal Injury and Workers' Compensation for New York

Q: Workplae accident third party liability

Hi,

I work for a woodwork company, I'm a cabinet maker and I has an a severe injury on my thumb finger whit a table saw, I'm got a workers comp lawyer now, but the case is that the place where the company is, is not owned by my employer, and the floors are really uneven and slopping, this condition produce that table saw (where I got the accident) get uneven and innestable causing the accident, is any liability on the owner of the property, like a third party??

1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: So sorry to hear what happened to you. Thumb injuries can be very disabling. Generally speaking, whether a building owner is responsible for an injury depends on whether there was a dangerous condition on the premises, whether the building owner knew of the dangerous condition and if that condition caused or contributed to the injury. Although the floors at your worksite were uneven, that does not necessarily mean it was not in a reasonably safe condition. Your employer should have arguably selected a safer place on which to place the equipment. You may, however, have a case against the manufacturer of the table saw if it did not have the necessary guards to protect your thumb from coming in contact with the saw blade. Speak with an experienced products liability attorney. You can find one using the Find a Lawyer tab on the JUSTIA homepage.

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