Should I take legal action for getting injured in a culinary accident? 12 Answers as of August 27, 2015

During one of my culinary school classes, I had my hand injured to the point of stitches because a mixer did not have its guardrail put on it and it cut me. Can I take legal action because of my deep cut?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
The question to be answered first is whose negligence was greater, that of the teacher (or sponsoring entity)or yours. They apparently did not check to see the guardrail was missing, and you did not look to see the guardrail was in place before you started to use the machine. You may wish to consult a personal injury lawyer who can review the relevant facts and context in more detail.
Answer Applies to: Wisconsin
Replied: 6/30/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Get a lawyer. The laws vary from state to state.
Answer Applies to: Michigan
Replied: 6/30/2015
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Possibly. Did you know the guard was not on it? Did you know there was supposed to be a guard on it? If not, when and how did you find out? Might be worth a few letters and phone calls from a lawyer, but probably not something to start a lawsuite over.
Answer Applies to: New York
Replied: 6/30/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Yes, The facts would have to be discussed in detail, in order to ascertain the best route of pursuit. But, it certainly seems pursuable, on the facts given.
Answer Applies to: Michigan
Replied: 6/30/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
You would want to consult local counsel that regularly handles similar matters in that there aren't really enough facts to tell you what you may be able to do. You may be able to make some claim against the school, but that will depend on what type of school it is (ie: private, public, etc.). You may be able to sue the mixer manufacturer, but that will depend on whether there were any standards relative to guarding the mixer, whether the school (or anyone else) altered the mixer, etc. An attorney will also consider how expensive the case is to pursue, what the likely liability may be, how bad your injuries are, whether there is any permanent disability from the injury, etc. to determine if the case makes economic sense to pursue (it costs money to pursue any litigation and the mere fact of an injury does not guarantee a recovery).
Answer Applies to: Michigan
Replied: 6/29/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You very well could take legal action, but it is up to you to decide whether you should. You may want to consider consulting an experienced injury lawyer and asking his or her opinion.
    Answer Applies to: Alabama
    Replied: 6/29/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    Can you describe the medical treatment that you had as a result of the incident, and will there be a permanent scar that you can describe? Thank you for your email.
    Answer Applies to: Illinois
    Replied: 6/29/2015
    Law Offices of George H. Shers | George H. Shers
    Mixer's have guards on them? ?if they do and this one had it removed so that it was foreseeable that some one could get injured as you did, then the person/company removing the guard was negligent. ?But even though you had stitches, unless there is some permanent injury to your hand, it does not sound like your case is worth much more than a few hundred dollars above the medical costs and other related economic losses you suffered. ?Complain to the cooking school and see what they will do, but do not expect much.
    Answer Applies to: California
    Replied: 6/29/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    You should interview several injury lawyers.
    Answer Applies to: California
    Replied: 6/29/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    That would be a yes.
    Answer Applies to: New York
    Replied: 8/27/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    If another party was responsible for properly putting on the guard you do have a claim and can bring a lawsuit to recover for medical bills pain suffering and scarring.
    Answer Applies to: Connecticut
    Replied: 6/29/2015
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