Do I have to be the party who bought a piece of fitness equipment in order to sue the manufacturer?

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Do I have to be the party who bought a piece of fitness equipment in order to sue the manufacturer?

I suffered an eye injury from what I believe to be a faulty product. A metal projectile went into my cornea approximately 95% through the center of my cornea. This took place at a national gym chain but the equipment was from 2 different parties. The boxing station was one and the speed bag swivel and bag were from a different company. 1 piece of metal went in my eye and 1 went in my shoulder. My eye will most likely never heal completely because of where the metal entered and rusted. Should I speak with a personal injury attorney? In Fairfax County, VA.

Asked on August 16, 2011 Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should definitely speak with a personal injury attorney. You do *not* need to be the purchaser of the equipment to sue; anyone who was injured due to defectively designed or manufactured equipment or products may have a cause of action against the manufacturer. It is also possible, depending on the circumstances, that you might have a cause of action against the gym (if they installed it improperly or maintained it improperly) and possibly against other parties as well (e.g. a distributor or retailer, if the equipment was not bought directly from the manufacter; a contractor who installed). A personal injury attorney can help you understand the strength of your case, what it might be worth, and who might be liable. Good luck.


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