Sometimes creative thinking reveals viable legal claims that were not obvious at first. Take, for example, Fuller Law’s representation of the family of a man who was working on a large fryer in a food production warehouse. A hose blew off of a fitting, covering the man in near-boiling cleaning chemicals. He died days later because of his injuries.
Workplace injuries typically are covered under an insurance program called Workers’ Compensation. In Colorado, these claims are the exclusive remedy against an employer — which means that in all but cases of the most egregious employer conduct, an employer in this state is immune from lawsuit by an employee. However, this does not mean Workers’ Comp is the only possible way for an injured worker to go after damages. If a third party not connected to the employer is responsible for losses and damages, an injured worker can sue that third party.
In this case, Fuller Law discovered that the industrial fryer’s manufacturer continued to maintain the machine annually — and had missed the fact that an improper fitting was being used on the hose that failed. As a result of our findings, our firm pursued a Wrongful Death claim in federal court under Colorado’s Premises Liability Act. We argued that the improper hose fitting was a dangerous condition — and that the manufacturer knew, or should have known, about the potential danger of that fitting. After much litigation, the case was resolved for a confidential amount.
The lesson here is that highly skilled and proper diligence can reveal a novel theory. Fuller Law’s expertise and care uncovered critical information that would have been missed by most other law firms. Our work in this case made a huge difference for a grieving family.
Because many areas of law overlap, you need to have really good attorneys on your side. The Team at Fuller Law is ready to analyze your case today.Call Fuller Law