A Tamko lawsuit is an action brought against a company that has failed to provide adequate warnings about a health or safety hazard prior to the occurrence of the hazard. It is not a case of negligence per se, but more of breach of contract. In any given state, any business that sells products of a nature intended for use in conditions where those products are dangerous must provide proper warnings about those products. Failure to do so subjects the business to a legal suit that can be quite substantial. There are a few different types of Tamko lawsuits, each of which may have different remedies and outcomes.
The first category is the negligent discharge category. In this case, the plaintiff simply wants to obtain monetary damages from the defendant in what is called an “inadvertent” lawsuit. This means that the harm was caused by the defendant’s negligence without the plaintiff actually being aware of the condition until after it had already manifested itself in some way. To establish this type of Tamko lawsuit, the plaintiff must prove that he or she knew, or should have known, that the conditions present were likely to cause injury. While this is the lowest cost way to pursue such a case, it also allows the defendant to avoid providing any form of financial support to the plaintiff during the claims process.
Another category of Tamko lawsuit involves the failure to warn category. This is most commonly used when a product defect causes harm. This is often the only way for a victim of a defective product to seek damages. If the plaintiff lacks enough evidence to show that he or she was exposed to a harmful condition, the claim goes unopposed.
Another category of Tamko lawsuit involves the negligent hiring category. In this situation, the plaintiff asserts that he or she was improperly hired for a position due to which injuries resulted. This can occur when a company hires an individual with knowledge of a flaw that would allow his or her exposure to harmful conditions. Hiring an individual who has either done work for a company or is related to one may lead to serious liabilities for the employer. Such damages are recovered through court claims.
Another category of Tamko lawsuit involves damages for personal injuries. These claims cover such things as whiplash from a car accident, back pain from a job injury, dog bites, etc. The injured party can obtain compensation for these injuries no matter who was at fault for the accident. In some cases, a victim may be able to recover damages even if he or she sues more than one person for negligence.
The defendant bears the burden of proof in any instance of Tamko lawsuit. That means that if you are filing a claim against a business or someone else, you must be able to prove that the defendant was negligent. Only then will your lawsuit be considered credible. If you are unable to do so, your claim may be thrown out.