If you own a home with a yard, chances are you spend some time ensuring your lawn looks presentable and your backyard is properly maintained. Unless you hire a landscaper, you likely use your own lawn and garden equipment to mow the grass and manicure bushes and trees. While taking care of your lawn can be a pleasurable task, there’s also a risk of using defective lawn and garden equipment that can lead to serious injuries.
Defects in these tools can range from design flaws to manufacturing errors. When they malfunction, the consequences can be devastating.
It can be easy to assume your injuries were the result of clumsiness or the inherent risk that comes with using equipment with sharp blades, but that’s not always the case. If you believe your injury was a result of defective equipment, you may have grounds to file a personal injury claim and seek compensation.
Lawn and garden equipment defects can be related to a variety factors related to design, manufacturing, and maintenance. When you file a defective product claim, the manufacturer may claim it was your negligence that caused your injuries, but that’s not always the case. One of the fundamental benefits of hiring a lawyer to help with your case is they can use their expertise to distinguish between user negligence and actual defects to determine liability for your injuries.
Design Flaws: Design flaws occur during the initial planning and engineering stages of the equipment. If a piece of equipment has a design flaw, it means there’s an inherent defect in its blueprint that can lead to safety hazards. For instance, a chainsaw with inadequate safety guards or a lawnmower with an unstable frame could be examples of design flaws. In such cases, the equipment’s inherent design poses a danger, and users cannot be held responsible for accidents resulting from these flaws.
Manufacturing Defects: Manufacturing defects occur during the production process. Even if the design is sound, errors in manufacturing, such as using substandard materials or faulty assembly, can render the final product dangerous. For instance, a lawnmower blade that wasn’t properly attached during assembly could detach unexpectedly, causing injuries. Manufacturing defects shift the responsibility from the user to the manufacturer for the accidents caused by the subpar equipment.
Inadequate Instructions or Warnings: A lack of clear instructions, proper warning labels or usage guidelines could lead to accidents caused by lawn and garden equipment. For example, if a leaf blower’s manual doesn’t properly instruct users on how to safely handle its powerful air stream, users might inadvertently direct the air towards their face, causing injuries. Inadequate instructions and warnings can be considered defects, and manufacturers have a responsibility to provide comprehensive guidance for safe usage.
User Negligence: In many instances, lawn and garden equipment injuries happen due to user negligence. For example, if someone uses a chainsaw without proper safety gear and sustains an injury, user negligence will likely be identified as the cause. In situations where operator negligence is to blame, injured individuals may not have grounds to seek compensation for their injuries, medical expenses and other damages.
If you suffered serious injuries from using lawn and garden equipment, it’s important to examine whether the equipment was designed, manufactured or labeled in a manner that met safety standards. If that’s not the case, you have every right to file a claim against the liable party and pursue compensation for your preventable injuries and the pain you endured.
Let us fight for your rights and negotiate the compensation you may be owned. We’d be happy to discuss the details of your injuries at no charge to you. To book your free consultation, call our Akron office at 1-800-411-PAIN.