Who Is At Fault After An Accident Involving A Defective Lawnmower?
While riding a lawnmower to cut your grass, you might not realize how dangerous the product can actually be. If you then become injured, you may be owed a financial payout under product liability law. Product liability is a legal theory that holds various parties responsible for the harm caused by their products. When a product fails to meet certain standards and causes injury, the consumer can sue the party or parties who made or sold the product for damages.
Design Defects
These are flaws in a product's design that make it inherently dangerous or defective. For example, if a lawnmower has a design defect that causes it to overheat, anyone injured by the fire can sue the manufacturer for a design defect.
Manufacturing Defects
These are errors or mistakes that occur during the production or assembly of a product that makes it different from its intended design. For example, if a lawnmower has a manufacturing defect that causes its blade to detach and fly off, anyone injured by the blade can sue the manufacturer for a manufacturing defect.
Warning Defects
Failure to provide adequate warning is a form of negligence. For example, if a lawnmower has a warning defect that fails to inform the user about a safety feature that needs to be activated before using the mower, anyone injured by the mower can sue the manufacturer for a warning defect.
How Liability Is Determined
To prove a product liability claim, you need to show that you were hurt, the product was defective, the defect existed before it left the control of the defendant, and you were injured as a result.
One of the most common injuries caused by defective lawnmowers is when a safety feature fails to work correctly. For example, many lawnmowers have a "dead man's switch" feature that stops the blade from spinning when the user releases the handle.
This feature is designed to prevent injuries from accidental contact with the blade. However, if this feature malfunctions or is defective, the blade may continue to spin even after the user lets go of the handle, resulting in severe cuts, lacerations, or amputations.
Receive Legal Advice from a Personal Injury Attorney
If you have been injured by a defective lawnmower due to a faulty safety feature, you should seek medical attention immediately and document your injuries. You should also preserve the evidence of the defect by keeping the lawnmower and any parts that broke off or malfunctioned.
You should also contact an experienced product liability lawyer to help you file a claim against the responsible parties and seek compensation for any damages.
You may face defenses from the defendants, such as the claim that you were partly at fault for your injury, that you assumed risk when using the product, or they may even claim that the statute of limitations ran out. But each of these objections can be overcome with the help of a personal injury attorney.
For more info, contact a local personal injury lawyer.