Power Tool Injuries and Liability
When used correctly and safely, power tools can be a valuable asset both at home and at work. However, when used unsafely, these tools can be highly dangerous. Human error is not the only cause of power tool injuries. Sometimes the way they were manufactured or designed can be the cause of accidents. If you are suffering from a power tool injury and are looking at a prolonged period of lost wages and sky-high medical bills, you may be able to recover your losses with the help of the experienced lawyers at J. Cogburn Law.
Common Power Tools That Are Dangerous
Power tools are used to puncture and cut through wood, steel, fiberglass, and other materials. This is why even the smallest mistake can end in catastrophe. Power tools are used every day by millions of people. However, thousands of people are injured by dangerous power tools as well. The following are the most dangerous power tools you can find in your garage or worksites:
- Chain saws: they are used to cut up branches and cut down trees, they can also easily cut through a leg or an arm.
- Nail guns: they can shoot nails with great force. There are different types of nail guns, such as electric, pneumatic, and battery-powered. After horrible accidents, the high-velocity nail guns have been banned from sale in the United States.
- Table saws: they have a sharp blade that moves fast and they can easily sever fingers and hands.
- Circular saws: they are very similar to table saws, but they don’t have a table for support. Circular saws can cause severe injuries to arms, legs, and fingers, including amputations.
- Lawnmowers: they have rotating blades that can cause injuries when they tip over.
- Power drills: they are run by battery packs or electrical cords. A power drill can cause severe wounds, including puncture wounds.
Common Power Tool Injuries
Power tool injuries can be caused by accidents, human error, or defects by the manufacturer. The most common power tool injuries include the following:
- Puncture wounds
- Eye injuries
Getting Compensation from the Manufacturer
Whenever a power tool has a manufacturing defect or a design flaw, using it safely may not be enough to prevent injuries. If you got injured by using a defective power tool, you may file a product liability claim.
In a product liability case, you need to prove that your injury wouldn’t have happened if it wasn’t for the tool defect.
Usually, a product liability claim involves different types of product defects:
- Manufacturing defects: they can occur even when the product was designed safely, but while the tool was being made there was a mistake, like missing connectors or a loose blade guard.
- Design defects: includes flaws or mistakes built into the product, such as saws that don’t have a safety cut-off.
- Marketing defects: include failure to warn or provide enough information for safe use by the manufacturer.
A product liability case can be complicated. This is why it can be of great help to have a product liability attorney by your side.
How To Win a Power Tool Injury Claim
If you have been injured by a defective power tool and want to seek compensation, you have to have proof to win your claim.
You are required to be able to prove:
- The manufacturer’s duty of care to do what is reasonably possible to make a safe power tool
- The manufacturer was negligent and breached the duty of care
- Their negligence directly caused your injuries
- Your injuries incurred compensable damages
If you are able to prove that a defect directly caused your injuries, you may have a strong product liability case.
Power Tool Injury Prevention
Whenever you are working with power tools, it is always important to remember how something can go wrong really fast. The most important thing you can do is to pay attention. The most common mistake people make is taking their eyes off the work they are doing or becoming distracted. Taking your eyes off the power tool also lessens the chances of noticing something going wrong, like a loose saw blade, etc.
Another important thing to do is to pay attention to what your hands are doing. Additional safety recommendations are to pay attention when you’re turning off the power tool, checking your surroundings, and pausing between tasks. Many accidents involving power tools happen when a third party makes contact with the person using the power tool.
Another important factor to consider when working with power tools is looking at the safety protocols and safety accessories. Nowadays, tools come with a safety mechanism. It is important to know how those safety mechanisms work, and could be the key factor in preventing an accident.
Legal Aid For Power Tool Injuries
Power tool manufacturers have a long story of delaying safety upgrades to their existing product lines. If you have been injured by a power tool, it is important you contact an experienced product liability attorney quickly. Only an attorney will know how to properly investigate the cause of the accident. For a free case consultation, contact J. Cogburn Law at (702) 747-6000 today!