Power tools are usually categorized as hand tools that use electric or gas power to create additional force. In most cases, they involve rotating parts or other similar mechanisms to accomplish more tasks in a shorter period of time. Some common power tools include power saws, rotary saws, drills, power wrenches, and other similar products.
Power tool injuries can occur in instances where there is a defect or failure with a particular power tool. They can also be attributed to negligent or reckless handling of a power tool, resulting in injury to the tool user or a person nearby. Common power tool injuries include lacerations, loss of limbs or digits, and other injuries. Certain tools that involve very high rates of rotations can result in specific injuries, such as vibration white finger or hand-arm vibration syndrome. More serious cases can involve very severe injuries or even wrongful death claims.
Who Can be Held Liable for a Power Tool Injury?
Many power tool injuries can be the result of a product defect or a product liability issue. In such cases, the manufacturer of the power tool product may be liable. Liability can be based on various theories, such as a warning defect, manufacturing defect, or a design defect. For example, a manufacturer designs a power saw where the design of the blade exposes the user to the risk of a finger or hand injury.
As mentioned, some power tools may result to injury of a person besides the tool operator or handler. In such instances, the person operating the tool may be held liable for injuries to the other person if they were negligent (if they disregarded their duty of care in handling the equipment or tool).
In many cases, power tool injuries can occur in the form of an on-the-job injury or a work-related injury. In such cases, a supervisor or manager may be held liable for an employee’s injury if they knew or should have known of a risk with a power tool, yet failed to take measures to prevent the injury or accident.
Are There any Legal Remedies for a Power Tool Injury Claim?
As in most injury cases, a power tool injury claim may result in a monetary damages award for the non-liable party. Damages may cover losses such as: medical bills and hospital expenses; scarring and disfigurement; loss of earning capacity; property damage, and more, depending on the facts and state laws.
In cases where the injury is work-related, various other compensation mechanisms may come into play; also, the employer or the company may be required to adjust their work safety standards in light of the incident or incidents.
Do I Need a Lawyer for Help with a Power Tool Injury Claim?
Power tool injuries can be very dangerous and can result in major losses and permanent physical conditions. It may be in your best interests to hire a personal injury attorney in your area if you have any questions or concerns regarding a power tool injury. Your attorney can help you file your case and can perform legal research to answer any inquiries you may have. Also, your lawyer can be on hand to represent you in court if you need to appear in court for any meetings during the process.