In general, a garden tool is a broad term that can be used to refer to countless products. For instance, fertilizer and pesticides are two different types of garden tools that you can use to help flowers bloom and to remove any pesky insects that might harm them. Small handheld equipment like shears, trowels, and cultivators may also be considered garden tools. Even a hose may qualify as a garden tool.
For the purposes of this article, however, the type of garden tools being discussed here are the larger, mechanical ones, such as leaf blowers, mulchers, lawn mowers, hedge trimmers, brush cutters, and lawn edgers.
Although injuries can occur when using any kind of garden tool, they tend to be more serious in nature if it is caused by a power garden tool. The reason for this is because most power garden tools contain some sort of blade or fan that rotates at very high speeds. In some cases, a person may get injured by a power garden tool when it is defective, such as if there is no protective shield around a blade or when it is missing crucial parts.
A common example of such a phenomenon involves a situation wherein a consumer is injured by an electric lawn mower while mowing their front lawn. Oftentimes, this type of injury stems from making contact with an exposed blade on the lawn mower. However, it could also happen if some of the parts are loose and they fly up and hit the consumer in the face.
Thus, it may not be surprising to learn that many incidents involving power garden tool injuries cause severe lacerations or inflict similar harms. However, not all malfunctions may be blamed on consumers. Sometimes, consumer injuries happen because of a product default. Therefore, if you need assistance with proving a garden tool injury claim, you should speak to a local personal injury lawyer as soon as possible.
Who Can be Held Liable for a Garden Tool Injury?
In the majority of these cases, landscaping and garden tool injuries tend to arise as a result of a defective product. Thus, an injured party would most likely file a product liability lawsuit against the manufacturer or distributor of the garden tool in question. If a manufacturer or distributor loses a product liability case, then they can be held liable for the plaintiff’s injuries and scars.
In general, the foundation of most product liability lawsuits is typically built on one of the three primary categories of defective product theories. The three categories of defective product theories are as follows:
- Warning defects: A warning defect can involve a number of issues. For example, a company may have affixed insufficient warning labels to a product or the company may have forgotten to include instructions on how to use the product properly. Warning defects may also concern how a product is marketed or advertised to consumers.
- For instance, if a commercial shows an actor using an electric garden tool during a lightning storm, but in reality those actions would lead to a consumer being electrocuted, then this could potentially constitute a warning defect.
- Design defects: A design defect refers to a flaw that is embedded in the concept of the product. For instance, if the hood of a car is top heavy and constantly causes it to flip over no matter how safely a driver is operating the vehicle, then how the hood of the car was conceptualized would be considered a design defect.
- Manufacturing defects: A manufacturing defect can happen when there is a problem with the way that a product was assembled or if there is a mistake during the manufacturing process. For instance, a toy that is missing a screw or another part would be considered a manufacturing defect if it occurred while the toy was being made.
- A product may also contain a manufacturing defect if it is built from inferior materials. For example, a beach house that is constructed from beams that are supposed to be steel, but in fact are wood, may start to rot faster than if the contractor had used steel.
In addition, there are also some cases that may contain more than one of the three defective product theories in the above list or some combination of a bunch of different tort law theories. The fact that product liability laws often vary by state only causes these issues to become even more confusing.
Thus, given the possibility of having multiple claims, legal parties, and inconsistent laws in a single product liability lawsuit, an injured party should consider hiring a local personal injury lawyer immediately for further legal guidance if such a case should arise.
Are There any Legal Remedies for a Garden Tool Injury Claim?
As previously mentioned, accidents involving garden tools can cause a person to suffer severe harm. Some examples of serious injuries that one might receive in a garden tool accident may include:
- Loss of fingers or toes;
- Cuts, abrasions, and lacerations;
- Deep wounds or permanent scars;
- Loss of limbs;
- Disfigurement or disability;
- Chemical burns (e.g., from lawn treatments, pesticides, etc.); and
- Muscle pain.
In such instances, it may be appropriate for the injured party to file a lawsuit against the offending party in civil court. If the injured party is able to bring a successful case, then they may be able to collect a monetary damages award to cover the expense of their injuries. For example, the court may issue a compensatory damages award to the injured party if they are able to win their case.
Some examples of the types of items that an injured party may be able to pay for with a subsequent compensatory damages award include:
- Loss of wages;
- Medical expenses;
- Hospital costs;
- Loss of future earnings capacity; and
- Various treatments or rehabilitation.
In addition to harming individuals, garden tool accidents can also cause serious property damage. In cases where both the individual and their property are harmed in a garden tool incident, they may be able to request a higher monetary damages award by factoring in the cost of replacing or repairing the damaged property.
It should be noted, however, that each individual state has its own laws regarding the total amount of compensation that an injured party can claim. In cases with legal issues that affect multiple plaintiffs, the injured party may be permitted to file their product liability case as a class action lawsuit on behalf of the entire member class.
Should I Hire a Lawyer for Help with a Garden Tool Injury Claim?
The injuries that one may sustain from using sharp garden tools can cause serious damage that may lead to long-lasting effects on a person’s daily life. Claims involving garden tool injuries also tend to involve a mix of complex tort laws that often vary from state to state. Therefore, you may want to consider hiring a local defective products lawyer if you need help with filing a claim.
An experienced personal injury lawyer will be able to assist you in gathering evidence, conducting legal research to build your case, and drafting any necessary legal documents. Your lawyer can also advise you of your legal rights under the relevant laws in your state and can discuss how those laws may affect the outcome of your case.
In addition, your lawyer can provide legal representation in civil court and can help to make sure that you receive the appropriate remedies based on the severity of your garden tool injury. Finally, if other persons have filed a lawsuit based on the same claim, then your lawyer will be able to assist you in bringing a class action lawsuit as well.
