How To Seek Compensation For A Defective Power Tool


Many homeowners choose to carry out do-it-yourself projects using power tools. These devices can be dangerous if they are not used properly. However, even in the hands of a skilled and experienced DIY enthusiast, a power tool can be dangerous if it is defective because the tool will not operate as expected. Here are some common injuries as well as information about who might be liable.

Types of Injuries

The type of injuries that can result from a defective power tool at home can include:

  • Strains
  • Cuts
  • Electric shocks
  • Falls
  • Injuries from falling tools

One of the most common reasons why power tools cause injuries is that they do not have adequate safety devices. For example, the power tool might not have a safety guard that would have prevented the injury. The guard might have been removed, and you could argue that the power tool should have been designed in a manner that would prevent the removal of the guard.

To receive compensation for your injuries, you will need to prove that the injuries were the result of a defect and not the result of you failing to use the tools properly or not having experience with using the tools. The tool might be faulty because it was poorly designed, because it was manufactured in a shoddy manner, or because the product was not marketed properly. The company must warn you of potential risks and must also clarify what the product should not be used for.

Liability for a Defective Tool

If a manufacturer sells a power tool that is in a defective condition, the manufacturer will then be liable for any damages that result from the defective tool. In some cases, even though products have caused a high number of injuries, the manufacturer fails to warn the customer about the potential risks and fails to remove the product from the market. However, there might be several parties that could potentially be responsible for the injuries. 

Any parties that could not have known that the product was defective would not be held liable. For example, if you purchase a defective power tool from a store, the store may have no way of knowing that the power tool had a design defect.

Regardless of who is ultimately liable, if you are injured as a result of a power tool, you will not want to wait too long before pursuing a legal case. There is usually a statute of limitations based on the state you are from, and you won't want evidence to disappear over time.

For more information on personal injury and liability, contact a lawyer, such as one from Labine Law Firm.


26 October 2020

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