Tool Defect Lawyer
The use of power tools is common in many industries, but they also come with risks. For example, when used incorrectly, these devices can cause severe defective tool injuries.
Some power tool companies do not manufacture their products according to the proper safety standards, so you must choose a company that will produce high-quality equipment that has been designed for safe operation.
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates for consumers injured by defective power tools. Our legal team fights aggressively on their behalf to ensure they receive maximum compensation while seeking justice.
Call a product liability attorney today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free, no-obligation consultation. All confidential or sensitive information you share with your personal injury lawyer remains private through an attorney-client relationship.
Power tools are used in many industries, and they can be dangerous if not properly maintained. If you use power tools at work or home, you need to know how to keep them safe.
The use of defective power tools is responsible for many serious workplace accidents each year. In addition, it leads to costly settlements, lost time from work, injured workers who can no longer work or must change jobs, and more.
Occupational Safety and Health Administration and Defective Power Tools
The Occupational Safety and Health Administration (OSHA) estimates more than 200,000 accidents involving power tools each year. These accidents lead to amputation injuries, fractures, lacerations, and other severe injuries.
Workers are legally permitted to file workers' compensation claims if they are injured on the job. For injuries resulting from defective tool accidents, claims benefit both employees and employers because it provides medical expenses and lost pay.
It also ensures that workers can continue with their lives while focusing on recovery rather than finances.
Investigating Power Tool Accidents
OSHA is responsible for investigating defective tool accidents. The agency has investigators who visit the accident scene to collect information about how the injury occurred.
They will talk with co-workers, supervisors, and anyone else who may have been involved to determine what went wrong. OSHA also will look at any training records and safety procedures related to using power tools.
Power tool companies may be responsible for the accident if it is determined they did not do enough to prevent injury or put appropriate safety features in place. If this is found to be true, they could face fines and other penalties.
Common Defective Power Tools
Any injured consumer can file a civil lawsuit or personal injury claim against the manufacturer for any number of design and manufacturing defects, including:
- Design Defect: Typically, design defects could include failing to install sufficient safety features, leaving dangerous gaps between moving parts, and more
- Manufacturing defect: These are machines that are not manufactured correctly or are assembled poorly, which leads to defects down the line
- Marketing defective equipment: Some products are marketed in a way that is designed to deceive the consumer into believing they are appropriate for use when they present an unreasonable risk of injury
- Providing inadequate instructions on how to use power tools safely: The power tool company may be liable for injuries if it is found they did not provide clear instructions or adequate warnings
Toys that injure children might also be considered defective power tools. If you have suffered injuries because of a defective power tool, call our office today at (888) 424-5757 for your free consultation on your legal options.
Getting Compensation For Defective Tools
Victims injured by defective power tools may be able to receive compensation in many forms:
- Medical expenses: These costs can include treatment, surgeries, prescriptions, and more.
- Lost wages: You can receive compensation for any time you were unable to work at your job due to the injury. If you need rehabilitation, this will be included as well.
- Lost future earnings: If you suffered temporary or permanent disabilities, you are likely also entitled to receive any future lost earnings due to your inability to work because of your injuries.
- Pain and suffering: If you have suffered permanent disfigurement or other physical effects of the accident, this may be recognized through possible financial restitution.
- Other damages: Depending on the circumstances of your accident, you may be able to receive compensation for any other related costs, including loss of quality of life and more.
- Punitive damages: In some cases, the manufacturer's negligence was egregious, and the results led to catastrophic injury or death. The jury may award the plaintiffs punitive damages to punish the defendants and minimize the potential of additional harm to other consumers in the future.
If you or someone you know has been injured by a defective power tool, call us today at (888) 424-5757 for an evaluation. Many personal injury cases involving defective tools are built on product liability law.
Recalled Power Tools
OSHA (Occupational Safety and Health Administration) continually evaluates faulty tools and how it places the worker's life at risk when using the tool as intended.
Any individual can file a complaint with OSHA (Occupational Safety and Health Administration), typically through a reputable labor attorney. Usually, these investigations will support the employee's claim that they were injured through negligence or the reckless actions of the manufacturer, designer, or marketer.
In recent years, the US Consumer Product Safety Commission has protected the public through numerous recalls of defective tools, including:
- Bosch angle grinders
- Dremel Rotary tools
- Harbor Freight cordless drills
- Panasonic metal cut saws
- Direct Distributors angle grinders
- Kline digital clamp meters
- Kohler generators
- Craftsman blower facts
- Ryobi Sanders
- Drill Master cordless drills
- Stallard Miter saws
Holding Your Employer Legally Accountable
In some cases, the construction worker's employer could be negligent in providing the workforce with faulty tools.
In these cases, the injured worker has the legal right to file a civil lawsuit against the manufacturer through a products liability claim and their employer through a personal injury lawsuit.
The employer could be held legally responsible for:
- Purchasing substandard tools and equipment used in the workplace
- Failing to investigate worker safety complaints
- failing to provide workers with much-needed goggles, gloves, and other personal safety equipment
- Improperly trained their workforce on the effective use of remaining safe using power tools
- Removing safety guards and stops in the workplace
The Most Dangerous Power Tools in the Workplace
According to Bureau of Labor Statistics data, any power tool that has not met the rigorous testing required before being sold to the public might cause injury.
Based on the high number of product liability cases involving defective power tools, workers are most at risk for using tools and equipment, including:
- Sanders & grinders
- Power drills
- Circular and table saws
- Chain saws
- Power vacuums
- Ladders and scaffolding
- Nail guns
- Bulldozers and graters
- Drill presses
- Soldering irons
- Conveyor belts
- Large and small tractors
- Hand-held power saws
- Welding equipment
Product Liability Law
In nearly every state, product liability law covers dangerous or defective products that led, or could lead, to consumer injury or death. In addition, the law ensures that manufacturers produce, manufacture, and distribute products meeting safety regulations.
However, the law in no way stops marketers from selling and distributing defective products that cause harm but instead provides legal remedies for unexpected dangers and defects that did injure or kill the consumer when the product was used as designed or intended.
Product liability law covers all defective products, including the defective tool used in the workplace. For example, it would include power drills or table saws with faulty blades that break off and cause serious injury to workers.
Common Defective Power Tool Problems
Our product liability attorneys are worker safety advocates for our community and have filed many product liability cases holding power tool manufacturers legally accountable for selling defective industrial equipment.
Many of our cases are built on the most basic defective tool involving:
- A design defect
- A manufacturing flaw
- Defective components
- A failure to warn consumers
- Advertising unsafe and inappropriate use of tools
- Marketing to the consumer that cannot properly assess the tool safety
Many of these products lead to catastrophic injuries when using the power tool as intended and designed.
Many of these tools and equipment, including defective nail guns, generators, and welders, have left construction workers with life-altering damages, including:
- Traumatic brain injury (TBI)
- Spinal cord damage
- Eye injuries
- Extensive nerve damage
- Hand and arm bone fractures
- Degloving injury
- Back and neck injuries
- Disfigurement and scarring
- Puncture wounds
- Third-degree burns
- Deep lacerations and dismemberment (amputations)
Power Tool Safety
According to OSHA (Occupational Safety and Health Administration), consumers should follow several steps to prevent injury or death when operating power tools and machinery, including:
- Do not carry the tool by the hose or cord
- Do not yank on the electrical cord or hose while disconnecting the tool from its power source
- Do not use a cord or hose that is worn, cut, or damaged
- Check the power tool before using it to ensure no defects in the switch and all safety controls are in place
- Secure your work so it does not unexpectedly move while cutting the object with the power tool
- Make sure you have protective gear, including eye goggles, earplugs or ear covers, and gloves
- Do not operate the power tool when you are tired or under the influence of drugs or alcohol
- Avoid using an extension cord when possible
- Make sure you have a firm footing when operating the power tool; do not overreach, kneel, stand on a ladder, or use a table to support yourself while working with a power tool
- Cease all activity immediately if you feel dizzy, lightheaded, or faint from too much exertion
- Hold the power tool properly by gripping it with one hand on the front handle and the other around the back of the tool
- If your power tool is equipped with a lock-off button, switch it on before operating to ensure it is working properly
- Ensure the power tool only functions when it is in use
- If your power tool has an electric brake, disengage it before removing any jammed material or adjusting the saw blade. Make sure you do not attempt to remove this lodged material until the power tool's blade stops rotating
- Keep your hands away from the saw blade while it is in operation
- Ensure the blade guard or cover of your power tool is in good working order and properly attached to the machine before operating the device
- Avoid using power equipment with defective guards rather than putting yourself at risk for injury; if you need to replace a power tool's guard, use only the manufacturer's recommended replacement parts
Most power tool manufacturers have a written or video product manual with safety information included. It is important to read through the manual cover-to-cover before using your power tool for the first time.
Workers Compensation for a Workplace Injury Involving Defective Tools
Nearly every employer must provide their employees with workers' compensation benefits through the state's workers' compensation act.
There is an exemption of benefits for railroad workers, longshoremen, and other Federal employees that could receive benefits through other avenues when hurt on the job.
Workers' compensation benefits are available even if the worker is injured through negligence, accident, or mistake.
These benefits typically include:
- Medical and hospitalization costs
- Time away from work for medical treatment and recovery
- Rehabilitation if needed to aid in a full recovery
- Disability benefits that provide partial earnings loss, permanent disability, and death benefits
The maximum amount of time for a temporary total disability is 161 weeks. However, if injured workers are both under a doctor's care and unable to work, they may receive up to 260 weeks of temporary disability payments.
After this time is up, the worker may file a claim with the state's disability benefit division to receive permanent disability benefits for life.
Some of these claims are complicated and require considerable investigation into the accident that caused an injury or illness to be properly compensated. If you have questions about your workplace injuries or illnesses, it may be beneficial to speak to an attorney for guidance on your claim.
Your injury must have occurred in the course of employment to have a successful workers' compensation claim. For example, if you are injured at home or off company premises, you may receive full pay if the employer has paid for work-related injuries before. However, the standard isn't always the same.
If you're hurt on the job, it's highly recommended that you speak with a private attorney not to jeopardize your claim or be denied for receiving services from an attorney outside of your place of employment.
Workers' compensation benefits are intended to fully replace income, medical expenses, disability payments, and final settlement.
Workers' compensation benefits are not meant to be a full replacement of income, but the difference between what you have been making before your injury and what you will make after your injury. Additionally, it is also not the only option for payment if you have suffered an injury or illness on the job.
Should you feel that your current workers' compensation insurer is not treating you fairly, it may be beneficial to speak with an experienced advocate who can help investigate your case and aid in your claim for benefits.
Third-Party Product Liability Cases
Sometimes, other parties, other than the employer or the employee, are responsible for causing the accident.
In these cases, a competent attorney can file a negligence claim against any third party, including tool manufacturers and suppliers responsible for a:
- Defectively designed tool: This type of claim involves the design defects of the tool rather than an assembly issue or production flaw.
- Defectively manufactured tool: This type of claim involves a problem with how the tool was assembled or produced.
- Failure to warn: If there is no warning on the power equipment about possible injuries, it may have been designed defectively.
The guidance of a qualified attorney is necessary for filing successful third-party product liability claims. These cases require extensive investigation and knowledge of the legal system to prove your claim, and failure to do so can result in lost compensation.
If you feel that another party was responsible for your injuries, contact an experienced attorney today to discuss your options for compensation.
Hire a Tool Defect Lawyer to Resolve Your Product Liability Claim
Were you injured by a defective tool and looking for a fair settlement for your product liability claim over and above your workers' compensation benefits?
At Rosenfeld Injury Lawyers, LLC, our product liability lawyers will fight on your behalf to ensure you receive maximum compensation from all parties responsible for causing your damages.
Call us at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free case evaluation. Then, let us build your product liability claim using legal experts that can identify a defective product and a medical specialist to qualify the extent of your severe tool injuries.
We accept all personal injury cases and wrongful death lawsuits through contingency fee arrangements. This promise ensures you pay nothing until your case is resolved through a negotiated settlement or jury award.