Every year in the U.S., more than 9,000 children go to the emergency room for injuries sustained in accidents involving lawn mowers. In 2016 in the U.S., over 86,000 adults and 4,500 children received treatment in emergency departments for injuries related to lawn mowers.
The federal Consumer Products Safety Commission (CPSC) estimates that more than 37,000 people suffer an injury related to power mowers every year.
The American Academy of Pediatrics (AAP) recommends certain precautions in connection with letting children operate lawn mowers, because of the dangers they pose. The AAP suggests that children should not operate a traditional walk-behind power mover or hand mower until they are at least 12 years old. Children should not operate a riding lawn mower until they are 16.
In 2003, in response to the increasing number of lawn mower injuries, the mower industry voluntarily adopted a standard for riding mowers. It requires that the blades stop spinning when the mower moves in reverse.
Still, lawn mowers cause numerous injuries every year. One type of injury results from the fact that the mechanism that is supposed to stop the blades when the mower shifts into reverse can malfunction, so the blades continue spinning.
What Is a Lawn Mower Injury?
Lawn mower injuries typically involve some form of lacerations due to the use of a lawnmower tool, device, or vehicle. These types of injuries often result from the malfunction of the lawn mower, especially with those parts of the machine that cover the spinning blade. Due to the high speed of the blade rotation, these types of injuries can be serious.
Some of the kinds of injuries that are possible in lawn mower accidents are as follows:
- Lacerations, which can lead to permanent scarring;
- Damage to nerves;
- Amputations of fingers, toes, and arms;
- Traumatic brain injury, usually sustained in riding lawn mower rollovers;
- Spinal cord injury, also resulting from rollover accidents;
- Bone fractures of the nose and fact;
- Injury to the gums and teeth;
- Loss of vision;.
- Broken ribs;
- Punctured lungs.
Some of the causes of accidents and resulting injuries are:
- Fire Risks: Fire risks can be created by lawn mower explosions, gas fires or overheating of electric mowers. For example, In cooperation with the CPSC, Black & Decker, Inc. voluntarily recalled about 140,000 cordless electric lawn mowers for repair. An electrical component in the lawn mower could overheat and create a possible fire hazard;
- Failure to Stop Spinning Blades: There can be Issues when the control bar or “off” mechanism for the blades malfunctions, causing the blades to continue rotating when they should shut down. Obviously, mower blades are a major hazard.
- For example, the CPSC issued a recall for the LawnBott lawn mowers manufactured by Zucchetti Centrol Sistemi S.p.A. of Italy, because the cutting blades continued to rotate when the mower was lifted from the ground. In addition, the spacing on the side of the lawn mower could allow an operator’s foot to move beyond the shield and get struck by the blade. This could lead to lacerations. Owners of the mowers were provided with a fix.
Lastly, some riding lawn mowers, such as John Deere mowers, can present the same risks presented by motor vehicles or all-terrain vehicles (ATVs), such as crashes or tip-overs.
Who Can Be Held Liable for a Lawnmower Injury?
In many cases, lawn mower accidents and the injuries they cause are the result of a product defect. For instance, there may be some issue with the way that the lawnmower was designed, rendering it defective and dangerous to use. In such cases, the manufacturer and distributors of a lawn mower can be liable for injuries on a theory of strict product liability.
The manufacturers and distributors of products have a duty to produce and put on the market products that are reasonably safe for use by consumers. Product defects that cause injury can lead to liability on the part of manufacturers and distributors. Defects are generally of three kinds as follows:
- Design Defects: Design defects arise during the design phase of product development;
- Manufacturing Defects: Manufacturing defects arise during the production process. A manufacturing defect might be created if the material used to make a product has some kind of defect in it;
- Warning Defects: If a manufacturer fails to provide instructions that enable a consumer to assemble a product, if it needs to be assembled, or to use a product safely, then the product is said to have warning defects. A product must come with warnings about hazards that a consumer should avoid. This would be especially true in regards to lawn mowers.
In some cases, the operator of a lawnmower may be held liable for injuries caused to another person. This can occur for instance if the lawnmower operator or owner used the lawnmower in a negligent or reckless manner. For instance, if they knew or should have known that their lawnmower was defective or needed repairs, yet continued to use it, they might be liable for injuries to others.
If a person operates a lawn mower in the course and scope of their employment, they would turn to their state’s workers’ compensation system if they are injured. They would submit a claim to the state agency that administers the workers’ compensation system. If successful, the claim could lead to an award that would compensate the injured person for the cost of their medical care and wages they may have lost because they were unable to work.
Are There Any Legal Remedies for Lawnmower Injuries?
Lawnmower injury claims can be complex and can require the involvement of various experts to prove a product defect, for example. It may be necessary to file a lawsuit to resolve any dispute about what caused the injuries in any given case.
Generally, a successful lawsuit for strict product liability or negligence leads to an award of compensatory damages for the injured victim. The damages should compensate the victim for their economic losses, such as the cost of medical care for their injuries, e.g. hospital expenses, the cost of surgery and medication. Compensatory damages should also cover lost wages as well as the loss of earning capacity.
In cases where a product defect is at issue, a class action lawsuit, in which a group of victims file one lawsuit together, might be an option. Or, it might be best to report the problem to the CPSC, so it can decide whether a recall is appropriate.
Do I Need a Lawyer for Help with a Lawnmower Injury Case?
If you have been injured in an accident involving a lawn mower, you want to consult an experienced class action lawyer. Your lawyer can review the facts of your situation and learn whether a product defect or negligence may have caused your injuries. They can then give you guidance as to what next steps to take to recover damages for your loss.
If you were injured by a lawn mower while you were on the job, e.g. because you work as a landscaper, you want to consult a lawyer who specializes in workers’ compensation law. Your lawyer can help you file a successful claim with your state’s workers’ compensation system.
