Jake Barnett was injured at work one day when the forklift he was operating malfunctioned.The forklift was new,having just been purchased by Jake's employer one month prior to his accident.Jake wants to recover for his medical bills,lost wages and pain and suffering.
A)Jake can file suit and recover from his employer.
B)Jake can file suit and recover from the forklift manufacturer.
C)Jake can file suit and recover from the forklift manufacturer, but he will first have to reimburse his employer for any workers' compensation benefits.
D)Jake has no right of suit against either his employer or the forklift manufacturer.
E)none of the above

Question

Quizplus · Accepted Answer

Since the forklift was new, it is likely that the manufacturer may be liable for the malfunction. However, Jake will first have to reimburse his employer for any workers' compensation benefits received before he can file suit against the manufacturer.

Jake Barnett Was Injured at Work One Day When the Forklift