Some common examples of hand tools include:
The manufacturer of a tool must exercise reasonable care in designing and constructing the product, and is liable for defects of which it is or should be aware. The manufacturer has a duty of making the tool safe for the use for which it was supplied and may be liable for breach of that duty.
To recover for hand tool injuries, you must prove that, at the time of the injury, you were using the tool in the way it was intended to be used, and there was a defect in the design or manufacture which made the tool unsafe for its intended use.
There is usually no liability on the manufacturer where your own negligence was the cause of the injuries. Moreover, the manufacturer of a tool which is not defective does not have a duty to stop selling it simply because a safer model is available, or to notify consumers of the existence of a safer model.
Additionally, the manufacturer or supplier of a hand tool must give proper warnings and instructions. A manufacturer or supplier has a duty to warn users that a hand tool might become defective from use. The supplier of a hand tool also has a duty to pass on a warning of a danger that it receives from the manufacturer. To show that the hand tool had a warning defect, you have to show that the manufacturer had a duty to warn about a latent dangerous defect.
However, many jurisdictions have adopted the "simple tool" rule which states that a manufacturer need not warn of dangers that are readily obvious. A "simple tool" is a product in which the danger associated with its use is fully apparent, widely known, commonly recognized, and anticipated by the ordinary user or consumer.
If you have been injured by a hand tool, a defective products attorney can help. Proving your case can be difficult, but an attorney can help explain the law and assert your rights so that you can recover damages for your injuries.
Last Modified: 05-31-2018 12:57 AM PDTLaw Library Disclaimer
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