Q: I want to know if I have a 3rd party breach of duty lawsuit after getting injured on the job by an unprotected fan axel
A: It's possible you could, but additional information would be needed for a more thorough evaluation. It could involve a theory of breach of duty, as you mention. It's possible it could also involve a theory of product liability, where you'd need to be able to show that the equipment was defective in some manner, either in its manufacture, design, or its failure to provide adequate warnings. However, it isn't uncommon for shafts to be unprotected - there could be shrouding or guards over couplings, flanges, or blades. Shafts are often exposed. Attorneys here can't reach out to you, so one option is reach out to attorneys to try to arrange a free initial consult. I hope you're okay. Good luck
Jonathan R. Ratchik agrees with this answer
A: As you are probably aware, you cannot sue your employer for injuries sustained on the job - absent a grave injury, workers' compensation is your exclusive remedy. You could pursue a negligence action against the owner of the fan (if it's a different entity than your employer), or a products liability action against the fan's manufacturer/ distributor provided there's a defect in its manufacture or design. Keep in mind that due to their cost, products liability lawsuits only make sense if there's a significant, permanent injury. Best to speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.
Tim Akpinar agrees with this answer
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