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Q: Czech Republic company unjustly being included in wrongful death claim in U.S. ( No Answer,   1 Comment )
Question  
Subject: Czech Republic company unjustly being included in wrongful death claim in U.S.
Category: Business and Money
Asked by: unjustified-ga
List Price: $25.00
Posted: 27 Jun 2005 10:05 PDT
Expires: 27 Jul 2005 10:05 PDT
Question ID: 537453
We shipped a container of granite slabs to a company in the U.S.. That
company hadworkers with no training or previous experience in
unloading this type of material unload this container. In the process
one of the workers was killed another suffered minor injuries. Both
famlies are sueing any and everyone (except the employer)involved in
the chain from manufacturer to sales agency including the shipping and
trucking company.
The Company that employed these 2 people is not included in the
suityet this company put those people in that container uninformed and
untrained The OSHA report indicates this and imposed fines against the
Company. We know that the company is paying the deceased family a
monthly allowance and certainly if they were included that may stop.

My question is that though all the U.S. companies included in this
suit have liability insurance companies that will represent and defend
us. Unfortunately  the Czech company has no  such insurance. As we
clearly see it, the person responsible for this unfortunate accident
is the employer for not making sure they knew how to unload this
safely. I am relatively certain that the attorneys for all U.S.
companies involved will in the end make sure the employer is included.
The big question is does the Czech manufacturer really need to hire
representation? If they don't and the plaintiffs gets a judgement
against them because they didn't try and defend themselves is there
any way that they can make them pay the judgement?

If they decide to go ahead and pay an attorney to defend them in this
the cost could be possibly hundreds of thousands of dollars. If it is
proven that they are innocent of any wrong doing is there a way to get
compensation for having to defend themselves in this lawsuit?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Czech Republic company unjustly being included in wrongful death claim in U.
From: daniel2d-ga on 27 Jun 2005 21:54 PDT
 
No compensation from having to defend yourself in the lawsuit.
As a business it is prudent to have insurance and legal representation
to cover claims like this that might arise.  You don't know how much
your defence might be.
You might be dismissed from the suit by simply having an attorney file
a motion with the court explaining why you have no liabilty and the
judge agreeing with the motion.

If you get a judgement against you plaintiff's attorneys could move to
have any assets or monies in the United States seized to satisfy the
judgment.

An ounce of prevention (get an attorney) might be bette than a pound
of cure (having assets seized).

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