Agriculture is one of the most dangerous industries, according to the Centers for Disease Control and Prevention (CDC). Farmers have a high risk for fatal and non-fatal injuries while on the job. Despite the danger, farming is a critical industry that feeds the country, as well as employs millions of workers. Data from 2018 estimates there were more than two million workers employed in production agriculture, and 1.4 million to 2.1 million hired crop workers.
Farmer’s families can be at risk because farming often is a family business, with family members living and working on the farm. In 2014, there were an estimated 893,000 youth under the age of 20 living on farms, and nearly half a million of those youths performed farm work. Another 266,000 youths who did not live on farms were employed in the agriculture industry. During the same year, 12,000 youths living on farms suffered injuries, and 4,000 of these injuries were due to farm work.
The CDC found that in 2017, the death rate for farm workers was 20.4 per 100,000. It is estimated 100 farm workers suffer lost-work-time injuries every day.
Sometimes, farming accidents and injuries are caused by defective products and equipment. If you or a loved one suffered injuries in an agriculture accident, and you believe a defective product might be to blame, a Los Angeles agricultural equipment defects lawyer can provide you with more information about your case. To learn more, contact Pintas & Mullins Law Firm at (800) 794-0444.
Product Liability Claims
In California, if you are injured by a defective product, the person responsible is “strictly liable.” This means the product manufacturer, supplier, or distributor can be held responsible for injury or death caused by their product, regardless of if they were negligent or committed any wrongdoing.
According to Cornell Law School’s Legal Information Institute (LII), there are three types of defective product liability claims.
This type of claim alleges a mistake was made during the construction of a product. The manufacturing mistake resulted in a faulty product, which resulted in an injury. This type of claim does not necessarily allege that each and every product of one type is faulty. It could be there were manufacturing defects in some, but not all, of a type of product.
These claims allege there is a defect in a product’s design, so even if the product was manufactured correctly, the product still is defective. Though the product may work for its intended use, the defect makes the product too dangerous for consumers. The burden of proof of a design defect generally is on the plaintiff, who must prove the product is defective. California is one of only three states where the burden of proof rests on the defendant, who must prove the product was not defective.
These claims allege the product did not come with adequate instructions or proper warnings about the product’s potential dangers.
If you suffered injuries in a farming accident and believe a defective product might be the cause, you may have grounds for a defective product lawsuit. The first thing to be aware of are the statutes of limitations that may apply to your case.
California allows a two-year statute of limitations to file a personal injury claim, according to California CIV § 335.1. The clock on the statute of limitations begins at the time you suffered harm, or at the time you discovered your injury. The same statute also allows two years to file a suit for wrongful death. The time limit begins at the time of death. There is a three-year statute of limitations for seeking awards for damaged property.
California allows plaintiffs to sue for damages even if their injuries are partially their fault. Under the state’s model of pure comparative negligence, there is no threshold for seeking awards, so even if you are 99 percent responsible, you still can seek a settlement for the 1 percent that was not your fault. Any settlement you receive will be reduced by your amount of fault. For example, if you win 100,000, but are found to be 30 percent at fault, you will receive $70,000.
Call Pintas & Mullins Law Firm today for your free case evaluation with a member of our team.
For a free legal consultation with an agricultural equipment defects lawyer serving Los Angeles, call (800) 794-0444
A Los Angeles agricultural equipment defects lawyer may be able to help you seek awards for:
- Damaged property. A lawyer can help you seek awards to cover the cost of repairing or replacing any property damage caused by a defective product.
- Medical expenses. You can seek compensation for surgeries, medications, physical therapy, hospital stays, doctor visits, or any other medical bills resulting from your injury.
- Lost wages. If you are unable to work because of your injuries, you may be able to collect lost wages. If your injury has left you unable to return to work in the same capacity, you may be able to sue for future lost wages or permanent disability benefits.
- Wrongful death. If defective farm equipment caused your loved one’s death, you may be able to seek a financial award on their behalf. You may also be able to sue for your pain, suffering, and loss of support.
Los Angeles Agricultural Equipment Defects Lawyer Near Me (800) 794-0444
Seeking Legal Help From Pintas & Mullins Law Firm
Pintas & Mullins Law Firm believes that if someone else was responsible for your injury, they should aid in their fair share of your recovery. Manufacturers, retailers, and distributors of agricultural equipment should be held accountable for their products.
Our legal team can handle your claim, from gathering evidence like medical records and eyewitness testimony, to representing you in court, if necessary.
We work on a contingency basis, meaning you pay nothing out of pocket and nothing up front. We only get paid if we win a settlement for you. Call Pintas & Mullins Law Firm risk-free today at (800) 794-0444 to learn more about what a Los Angeles agricultural equipment defects lawyer can do for you.