Each year since the late 1990’s, there have been roughly 400,000 power tool injuries treated in the ER. There have been nearly 1 million medically treated power tool injuries per year as well. In addition, power tool accidents claim the lives of roughly 200 people each year. Source: Consumer Product Safety Commission Hazard Screening Report, June 2003.
Whether it’s a nail gun or a table saw, there are many types of defendants in a power tool accident case. Below is a discussion of each type of defendant and liability.
1. Tool and Tool Component Part Manufacturer – Defective Product Liability Claim
Under Pennsylvania and New Jersey law, manufacturers have a duty to provide goods which are reasonably safe for their intended uses. This principle applies to all products, including power tools. Under products liability law, tool and tool component part manufacturers can be held liable for the following three kinds of claims:
- manufacturing defect (an error in the process creates a defective product),
- design defect (an error in the design creates a defective product),
- failure to provide sufficient/adequate warnings (lack of proper warnings renders the product defective).
2. Tool Importer, Distributor, Retailer – Defective Product Liability Claim
Products liability law extends the same principles of fault to product importers, distributors and retailers. By placing a product in the stream of commerce, a company which imports, distributes or otherwise sells a defective product can be held liable along with the product manufacturer.
3. Tool Rental Company – Negligence
In cases where a tool was rented, the tool rental company may be liable for a variety of reasons, such as:
- renting defective tools,
- renting improperly maintained tools, and
- failing to provide proper warnings about tools.
4. Contractor at a Worksite/Construction Site – Negligence
In cases where a power tool accident occurs at work, a contractor may be liable for the acts of an employee. For example, if a nail gun is used by a worker without proper training and a nail is accidentally discharged, injuring a fellow worker, the injured worker may have a valid claim against the company which allowed the worker to use a nail gun without proper training.
It is important to note that a power tool accident may result in any one or more of the above types of claims. In fact, in most power tool accident cases, there will be multiple defendants and multiple claims.
Related power tool accident articles:
- Power Tool Accident Prevention – The Danger of Power Tools
- Pennsylvania & New Jersey Defective Products Liability Law – Injury to Bystanders
Defective Tool Product Liability Lawyers
If you believe you have a potential defective tool product case, it is important to speak to a lawyer immediately. These cases can be time consuming and costly, even in the initial stages of investigation. Contact our defective tool product lawyers to discuss your case. Click To Call
Our product liability lawyers are licensed in Pennsylvania and New Jersey and may accept cases in other states on a case by case basis by working with local counsel in other states. The firm welcomes calls from local counsel to discuss products liability cases.
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