"The company now faces penalties of more than $1 million for their disregard of the law. "Despite painful and permanent injuries suffered by a half dozen of its employees since 2015, Fiesta Mart repeatedly ignores required safety standards," OSHA Regional Administrator Eric S. OSHA said this is the 13th time in nine years it has cited Fiesta Mart for failing to guard band saws. The retailer has until the end of August to request and informal conference with agency representatives or contest the findings.
#Safety label cut fingers free
You should get a personalized case evaluation from a licensed attorney.įind a local attorney to give you a free case review here, or call 88.Following the most-recent violations, OSHA cited Fiesta Mart for seven willful violations for failing to guard machinery and proposed just over $1 million in penalties. Laws change frequently, and across jurisdictions. Learn more here: Defective Product Claims Moreover, they will not charge any legal fees until, and unless they settle your claim or win it at trial. Fortunately, most personal injury attorneys do not charge for initial office consultations. Bring along your medical records and the machine, if possible. Gather copies of your medical records and make appointments to see the attorneys. Then find several personal injury attorneys in your area who specialize in product liability claims. Don’t clean it, change any settings, or otherwise change it from the day of the injury.
While you certainly should not have not placed your hands inside the machine, if the product had a history of “backing up,” the manufacturer and retailer knew, or should have known consumers would likely place their fingers inside the machine to relieve the backed-up ice. Moreover, that claim can extend to the store where you purchased the ice shaving machine.īoth the manufacturer and the store had a legal duty to make sure the product was safe for consumers. Answerįrom the facts you present, you appear to have the basis of a strong personal injury defective product claim against the manufacturer. Always get a personalized case review from a local attorney. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter.
It is generic legal information based on the very limited information provided. I cannot work, and I am having trouble concentrating in my college classes (paralegal degree).Ĭan I do anything? Or am I just out of luck? Thank you for any information.ĭisclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. That is how uncomfortable and painful it is, and the pain medication only takes the edge off. Imagine the pain of a paper cut, and multiply that times a thousand.
It has been about two weeks since my injury, and I am in so much pain I can barely function. There are no precautions made by the company to protect fingers or any object near the chamber the shaved ice comes out through. This picture was so small online I had to enlarge the image to see the warning that would have been obvious if it had been properly placed on my product. My product was not labeled with a warning label, and it was not until today that I looked online and found that it was supposed to have a warning on it, specifically regarding the fingers and where I was injured. I would like to pursue a product liability case on behalf of my injury. I need my hands for my work as a paralegal, so I can type! Had I had ANY way of knowing that this danger was present, this never would have happened. This time the machine was on, and since I was under the assumption there would be no grinding metal blade, I went ahead and used my finger.
I never felt anything sharp or dangerous while doing so. While making shaved ice, the snow backed up into the product and I tried to use my finger to get it loose, which I had done many times when the machine was off. The top part of my finger was cut off due to an electric ice shaving machine incident.
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