Garden tools is a broad term that covers many different types of products. These can include small hand tools like trowels, clippers and other products. However, they can also include larger mechanical products such as lawnmowers, leaf blowers, trimmers, edgers, and mulchers. Injuries can happen with any type of garden tool, but very serious injuries can occur with power garden tools.
Most power garden tools involve some sort of fan or blade that rotates at very high speeds. Injuries can occur especially if there is a defect involving parts that shield or protect the user from contact with the blade. An example of this is where the user gets injured while using a lawnmower if a part of their body comes into contact with an exposed blade. Thus, many power garden tools injuries or accidents involve severe lacerations and similar injuries.
Who Can be Held Liable for a Garden Tool Injury?
In most cases, garden tool or landscaping tool injuries are the result of a defective product. Thus, product liability laws typically come into play, and the manufacturer of the product is often the party that is liable for the injuries. Product defect claims are typically based on three types of defect theories:
- Manufacturing defect: There was a defect in the way that the product was assembled or manufactured (such as the use of inferior materials, or improper assembly)
- Design defect: There was a defect in the product’s design (such as structural flaw)
- Warning defects: There were inadequate warnings or warning labels associated with the garden tool and its usage
In some instances, the injury may be attributed to a mix of different theories. Each case will be different and may require the assistance of a legal professional to determine exact causes and liability consequences.
Are There any Legal Remedies for a Garden Tool Injury Claim?
Garden tool accidents can be very serious and as mentioned, may involve serious injuries such as lacerations, loss of fingers or digits, permanent disfigurement, and other conditions. In many cases, legal action may be appropriate in order to obtain compensation for losses connected with such incidents. In such legal claims, a damages award may be issued to compensate for losses such as medical bills, lost earning capacity, and other expenses.
Also, some garden tool accidents can involve major property damage. In such cases, the cost of repairing or replacing property that has been damaged may also be figured into the monetary damages calculations. State laws may vary with regards to compensation amounts in an injury claim. Some product liability lawsuits may be filed as class action suits if many consumers are all affected or injured by the same cause.
Should I Hire a Lawyer for Help with a Garden Tool Injury Claim?
Garden tool injuries can be severe, and can also involve a complex mix of different laws. You may need to hire a personal injury lawyer located in your area if you need assistance in filing a legal claim. Your attorney can provide you with legal advice, research, and guidance to ensure that you receive the proper legal remedy. Also, if you need to make an appearance in a court of law for a meeting or hearing, your attorney can be on hand to provide you with representation during those times.