Defective Power Tool Accidents
Power tools send nearly 400,000 Americans to the emergency room with severe injuries every year, according to a study by the Consumer Product Safety Commission. Defective power tools increase the likelihood of an accident significantly. Even an experienced worker who takes all proper safety precautions is at risk of being injured by a tool that is defective and not working the way it is supposed to.
Defective power tool accidents can be caused by equipment such as:
- Table-mounted or hand-held power saws
- Nail guns
- Power sanders
- Welding or cutting torches
- Power drills
- Grinders, polishers or buffers
The construction accident attorneys of Block O’Toole & Murphy have recovered numerous substantial results for victims of defective power tool accidents, including settlements of $11,500,000, $1,400,000, and $1,150,000. If you or a loved one has been injured by a defective power tool, call 212-736-5300 or fill out our contact form to receive a free, no-obligation legal consultation.
Types of Defective Power Tool Legal Claims
When the manufacturer of a power tool sells a product, they have an implied “duty of care” to provide the consumer with a tool that can be safely operated when used as advertised. If a power tool has a defect that prevents the user from using it safely, or if the user is not given all the information necessary to properly use it, the manufacturer may be liable for any accidents that occur.
In a defective product lawsuit, there are three general categories a product defect can fall under:
- Design defects, or a defect which is inherent to the design of the product that could not have been anticipated or prevented by the manufacturer or user of the tool
- Manufacturing defects, or a defect which occurs in the actual manufacturing or construction of a product that is not inherent to its design. A manufacturing defect implies that other tools of the same model work properly, and that the defect arose during the production of a specific unit
- Marketing defects, or a defect which stems from how a power tool is marketed or the way the instructions and warnings are written. If the marketing of a product fails to communicate hazards associated with using the tool properly, then a defective power tool lawsuit may result
Generally speaking, a product liability lawsuit involving a power tool will only be valid if the tool was being used correctly at the time the accident occurred. That is just one reason why it’s important to read the manufacturer’s instructions and warnings that accompany a power tool. This is also why product manufacturers must be thorough in detailing the correct usage and potential hazards associated with their product. If they fail to do so, consumers may be unknowingly put in a harmful situation by the manufacturers’ negligence.
$11,500,000 Settlement for a Defective Saw Accident
In this $11,500,000 settlement handled by the personal injury attorneys of Block O’Toole & Murphy, our client was provided with a handheld circular saw during his employment at a construction site in the Bronx. Unfortunately, this saw did not have a safety guard, as is required by New York Labor Law. While our client was using the unguarded saw, the blade struck a knot in the wood, causing the saw to kick back into our client’s left wrist.
A handheld circular saw should have a safety guard that covers the blade whenever the saw disengages from the material being cut. If workers are not provided with this very basic safety feature, their employer is exposing them to hazards which could be extremely serious, if not fatal.
Although our client was lucky enough to survive this incident, he dealt with severe complications caused by the injuries he suffered and was told by his doctor that he would never be able to return to construction work. After numerous surgeries and a diagnosis of complex regional pain syndrome (CRPS) in his left wrist, our client eventually received damages for lost wages and medical expenses.
Unfortunately, even someone who is very experienced with a power tool can be seriously injured when a defect is present. If employers do not provide their workers with every possible safety precaution, including very basic ones like blade guards on power saws, then they could be held liable for their negligence.
Contact an Attorney to File a Lawsuit
When dealing with a defective power tool lawsuit, the attorneys of Block O’Toole & Murphy will diligently research the manufacturing and design process of the tool, investigate the company’s history of product liability claims and evaluate the manufacturer’s response to product safety issues.
Our attorneys prepare every case like it will be decided in the courtroom by a jury. We have years of experience litigating complex personal injury cases, recovering more than $1 billion* in both verdicts and settlements on behalf of our injured clients.
If you or someone you love was injured by a defective power tool, our attorneys will be attentive to your individual needs while seeking maximum compensation on your behalf. Get a FREE case evaluation from Block O’Toole & Murphy by calling us at 212-736-5300. Serving The Bronx, Brooklyn, Manhattan, Queens, Staten Island, Long Island, Upstate New York and New Jersey.
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*Prior results do not guarantee a similar outcome.