Sundown, NY Personal Injury Law Firms & Lawyers

It sounds like you have a product liability case. Unfortunately, these cases are expensive to bring and difficult to prove, so it is only practical to pursue if the injuries are severe, regardless of liability. Do you still have that pen? If the tests come back negative, it probably isn't worth pursuing. If it is positive, however, then it certainly would be, if the requisite proof can be had. For starters, do an internet seach and see if there are any law firms who are already involved in litigation concerning this device.

You don't say what the person did to you to make it possible for you to sue him, so it is not easy to answer your question. If the person committed a recognized tort against you, and you file suit within the period of limitations for that tort, all you really have to do is put the right allegations into your complaint and file it and serve it on the defendant. You might find it useful to consult an attorney experienced in the kind of tort that you believe was committed, either to handle the case for you or at least to advise you about what to do. Good luck.

It would seem to me that if you or your husband had no active negligence in making him fall you would have no liability for this. If the trimmer was an employee of a company hired by your neighbor, the trimmer should first look to his employer for worker's compensation. If the employer had no worker's compensation, then the employer would have to pay out of company's pocket. If the neighbor had any active negligence in causing this fall, then the neighbor might have some liability.