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by The Stoddard Firm - October 31st, 2024
Heidelberger Druckmaschinen AG is a German engineering company best known for making printing presses, although they also make equipment for other stages of the printing process.
The company is over 170 years old and quite famous within its niche, and many of its older products are now sought-after antiques.
Unfortunately, printing has never been the safest of industries. Standards have certainly improved over time, but as in any industry, the most experienced companies won’t necessarily be the quickest to adopt new improvements, especially when those improvements focus on health and safety rather than profits.
When a company like Heidelberger makes a safety error, it can affect people all over the world who may come in contact with its products for decades to come. Heidelberger’s safety standards are particularly relevant here in Georgia, however, because the company’s American division, Heidelberg USA, operates out of Kennesaw.
Whether a person is operating a press in a print shop, or assembling and testing one in Heidelberg USA’s Kennesaw location, there are three main types of hazards that person will need protection from:
Under worker’s comp law, employers are immune to almost all personal injury and wrongful death lawsuits relating to workplace accidents.
This immunity only applies to the victim’s direct employer, however. Survivors and families can still sue other companies for personal injury and wrongful death, even if the incident in question happened at work.
Because Heidelberg produces heavy machinery for commercial use, there are lots of situations where a non-Heidelberg employee might be able to sue Heidelberg for contributing to an industrial accident. In fact, several sick and injured print shop workers have done exactly this.
Since 2020, two separate families, one in New York and one in Vermont, brought wrongful death suits against Heidelberg, alleging deadly asbestos exposure.
At least three other cases against Heidelberg, dating back to the 1990s, have centered around hand and foot injuries. OSHA records also show other, similar accidents which, for whatever reason, have not led to litigation.
In one particularly horrific incident in 2005, a pressman working for Bind-Rite in Carlstadt, New Jersey attempted to service the cooling system of the company’s Heidelberg press. While he was working on the fans, another employee started the machine, which dragged him in and killed him. There was apparently no working mechanism to prevent the machine from starting while the access panel was open.
Heidelberg printing press accidents don’t always wait until the press leaves the factory floor.
In April of 2020, a machinist working for a Heidelberg factory in Oroville, California lost a finger while troubleshooting a lithograph printing press. He was reportedly trying to remove some grease from the workings while the lithograph was running, when its gripper bars grabbed his finger and pulled it in.
An OSHA incident report indicates that almost exactly the same thing happened a year later in Groveport, Ohio, although the actual citation against Heidelberg was later deleted.
Neither of these men would have been able to sue Heidelberg for personal injury or premises liability due to employer immunity.
What victims in this position can do, however, is sue any other companies that contributed to the accident in question. Just as print shop employees injured by Heidelberg equipment can sue Heidelberg instead of their own employers, Heidelberg employees can sue other negligent parties, such as:
If you’d like to speak with an Atlanta-based injury lawyer about an accident at the Heidelberg factory, or one involving a piece of Heidelberg equipment, reach out to the Stoddard Firm any time to discuss your options in a free consultation.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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