Are You Considering filing a Lawsuit For Oxyelite Pro Violation?
The OxyELite Pro lawsuit is an interesting case to study. In this case, there was a claimant, David Katz, who did not believe that he had suffered any personal injury on the accident that occurred at work. Therefore, he did not file any claim. The company employed an accident witness who could testify that David Katz had indeed suffered some injuries during the accident. Therefore, the company brought suit against Katz.
The claim they filed against Katz was personal in nature.
It claimed that he caused the accident that resulted in the employee having to undergo surgery. This claim should have been denied by the courts due to the fact that the accident was caused by Katz’s negligence. In fact, Katz was working with another employee at the time of the accident. Therefore, the claim should have been denied on the basis that he was not performing work while performing this job.
This was not the case however, as the company’s lawyers discovered that Katz had signed and provided for an accident report after the accident. Furthermore, Katz had not merely signed but had also completed and submitted to the court a written declaration of liability. All of these pieces of evidence convinced the court that Katz’s negligence in fact proximately caused the victim to suffer injury and damages.
The OxyELite Pro lawsuit was eventually ruled in favor of the defendant.
However, the damage that the company inflicted on its client was immense. The judge in the case actually equated the monetary loss inflicted to the plaintiff to the financial loss incurred by the defendants through their negligence. Consequently, the verdict was overturned. The judge stated that although the jury had reached the wrong conclusion regarding the liability of the defendants, they did not consider the extent of the injuries sustained by Katz.
Considering that the OxyELite Pro lawsuit was eventually won by the defendant, what does this mean for those suffering injuries at the hands of the defendant?
Are they entitled to further damages? Well, the answer is yes. The judge in the case actually ordered that Katz pay damages to the plaintiff and his wife as well as other costs incurred by both parties. Further damages that are awarded to a plaintiff will be borne by the defendant, unless the case is heard by the Court of Claims.
A medical spa is one place you will find many of these accidents occurring.
The spa industry is considered to be a dangerous environment for workers because there are not any safety protocols in place. Consequently, these individuals risk being burned, cut, or scarred when working on electrical equipment or working with acids and toxins.
It is in these circumstances that you might be able to make a claim for compensation.
If you have sustained an accident from working in a medical spa, you should first talk to an experienced personal injury attorney. The lawyer will be able to ascertain whether or not you have a case based upon the facts that have been presented to him. If you have a case, your attorney will be able to get in touch with an accident specialist to gather as much evidence as possible to assist with proving your claim.
You may even want to talk to other employees who have been injured in the same medical spa that you suffered your accident at. These individuals may have been able to help you collect financial information regarding your case. This will assist your lawsuit from moving too quickly through the court system. You may even discover that an accident compensation claim company can help you.