Legal Talk

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Q: I had an injury down at the lake.  I rented a small place by the lake with a boat dock.  While I was docking my boat one of the winch straps broke on the dock and caused the metal hook to fling back and hit my hand.  The owner didn't tell me anything about the straps being to old to use.  I went to the doctor and they said my trapezium is broken.  I work with my hands all day and can't work right now.  Will I be able to get money from the owner?

A:  Sorry to hear about your hand.  Anytime your hand is injured it nearly always affects your ability to work, a broken trapezium injury can be one of the worst.  As to your claim, it depends on several factors that your lawyer will want to know.  The first question I would ask is when did this occur.  Personal injury claims are only good for a small window of time after the injury occurs.  If you wait too long you're out of luck.  The second thing I would want to know is; is there anyone to blame?  Did the owner know or should he have known that you would be using the strap and that it was faulty?  The third thing I would want to know is why did the strap fail?  Was is a manufacturing defect or was it just in disrepair?  There are many questions that need to be answered before an attorney can give you an accurate evaluation of your case.  I would schedule an appointment with a local personal injury attorney in your area to get a more specific evaluation of your case.  Most of the time personal injury lawyers will offer a free consult then take the case on contingency so they don't charge unless they win.  Good luck!