Defective tools, whether they are being used in the home or in the workplace, can cause severe injury. Tools can be defective for a variety of different reasons. For example, in February DeWalt hand drills were recalledbecause moving parts came into contact with the wiring which posed a shock hazard. When a tool is defective, the injured user may be able to pursue a product liability claim.
Common Examples of Defective Tools
Defective tools can be found in the garage, in your home, at a construction site, or at the workplace. Common examples of defective tools include:
- Hand drills
- Table saws
- Air compressors
- Ladders
- Lawnmowers
- Trimmers
- Screwdrivers
- Nail guns
- Snow blowers
Constructions workers are particularly prone to being injured by defective tools. They use tools every day to complete their jobs, and often these tools are large and powerful. Defects in construction tools can cause devastating injuries.
How are the Tools Defective?
There are a few ways a product can be considered defective:
- Defective Design—the design of the product itself is so flawed that the product is inherently dangerous. When there is a design defect, the whole line of products is defective.
- Inadequate Warnings—a tool should contain clear, unambiguous, and accurate warnings of any dangers that may be posed by the use of the tool.
Who May be Held Liable for Injuries?
The manufacturers and sellers of tools have an obligation to ensure that their products are safe for use by consumers and those around them. A failure to protect the end user of a product by properly designing, manufacturing, and warning of any dangers are essential to protect the public. Such a failure may constitute product liability on the part of the manufacturer or designer of a product.
In some circumstances, employers and contractors have an obligation to ensure that their employees or the general public are protected from clearly dangerous tools. They must make sure that proper safeguards are in place and that tools are appropriately maintained and inspected. If they don’t fulfill this duty, then an employer or contractor may be held liable for injury.
Contact an Experienced Attorney
If you’ve been injured by a defective tool, either in your home or in the workplace, it’s important that you consult with an experienced and trusted attorney as soon as possible. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured New Yorkers. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.