Snap-on Ratcheting Tie Downs Lawsuit Failure
Our firm is currently investigating cases where ratchet tie downs failed, resulting in injury. According to reports over 129,000 units of this product were sold. Should the device fail, it is clear that significant injury can result. If you were hurt from a malfunctioning ratchet tie down you are entitled to a claim for recovery. Feel free to give our office a call in order to discuss your potential claim.
Bodily Injury from Failed Snap-on Tie Down
Bodily injuries can result from a failed Snap-on. In such cases the tie down can fail resulting in catastrophic injuries. Generally, this is a serious issue when the driver of the vehicle is securing a heavy load behind a flat bed truck. In such cases loads can become unhitched and fall out of the truck. This can be devastating if you’re traveling at a high rate of speed on the freeway. As a result you will not have sufficient time to apply your brakes, resulting in a rear end collision. This can also result in your vehicle getting hit by the object that fell out of the truck bed.
At this time it is not clear who was hurt as a result of the device failure. Unfortunately in certain cases it will be virtually impossible to identify that cause of the collision, unless a police report was filed. Bodily injuries can be minor or serious depending on the facts of the collision. If you have been hurt seek medical attention immediately. Never attempt to diagnose your own injuries and seek the advice of a healthcare provider immediately.
Proving Your Case
It is clear that the most difficult element of your case will be proving liability. Since most of the injuries occur when the defendant or at fault party is on the road it is challenging to identify who they are. Matching the identity of the at-fault party takes a tremendous amount of work and is not always successful.
In certain situations you can identify them through a police report or some eye witness testimony. However, a majority of the time you need to actually litigate or file a lawsuit against the driver to ascertain the appropriate information. Many times the driver via a deposition or discovery responses will be able to point out who is liable and how the incident took place. If a police report was filed you should immediately try to obtain a copy for your records. Our office can assist in getting a copy and can usually obtain the collision report within a short period of time, feel free to contact us in order to get a copy.
Finally, you may be able to pursue a claim through your own insurance company. It is possible that you will be able to pursue a claim through your own auto insurance if you have the correct type of coverage. This will generally require that you have either uninsured motorist coverage. in certain cases you claim may be fully denied, so make sure to contact our office before making any claims to your carrier. Never make a recorded statement before speaking with your attorney.
Who is Liable for Your Injuries
In these cases a few parties can hold liability. First, the manufacturer of the product is liable for any harm suffered by the injured party. You will be able to pursue a claim from the manufacturer and distributor. Additionally, the driver of the vehicle or company is responsible for the harm suffered by the you as well. In such cases you will be able to pursue a claim against the manufacturer as well as the driver or operator of the vehicle. If this was a company truck you will likely be able to pursue a claim against the company as well.
It is critical that you immediately follow up and make sure that a letter of preservation is sent out to the carrier. A letter of preservation needs to be sent out in order to make sure you can have the tie down inspected. A proper inspection will be able to demonstrate whether the device actually failed or whether the user was at fault or erred.
If you have been hurt contact our offices today for a free consultation regarding your case.