Portable generators are devices that are used for providing electrical power if a structure does not have access to the power grid. Many people purchase portable generators for their homes so they do not lose access to electric power when there are widespread outages in the place where they live. They are powered by gas or diesel fuel. Portable generators are mobile versions of generators which perform the same function, supplying power.
Portable generators have reportedly caused various accidents with resulting injuries and property damage, including:
In many cases, dangerous portable generators may be subject to a recall if the model poses a risk of harm to consumers. In the event a product is recalled, the manufacturer may offer a remedy. It might be repair of the defect if that is possible, replacement with another product or perhaps a refund.
An example of a recall of a defective portable generator took place in 2021. It was reported that the Generac was removing a large number of Generac portable generators due to safety concerns.The U.S. Consumer Product Safety Commission (CPSC) was involved in promoting the recall of over 325,000 Generac portable generators that had been sold to consumers in the U.S. and Canada.
The recall was prompted by consumers who used Generac portable generators and experienced crushing of their fingers. In some cases, people had to have fingers amputated because of the severity of their injuries.
The main culprit in the accidents was discovered to be an unsecured handle present in certain portable generators. Generac and CPSC officials warned owners of all Generac models to stop using them and check to learn whether their portable generator was part of the recall. In this case, Generac offered to provide affected consumers a free repair kit they could use to fix the reported problem.
Who Can Be Liable for Injuries Caused by Portable Generators?
Portable generator injuries can be serious. Depending on the circumstances, different parties can be held liable for a portable generator accident. In some instances, the manufacturer or producer of a portable generator model may be legally responsible for harm caused directly by a defect with the product. Specifically, the manufacturer and distributors would be responsible if they intended a defective product to reach consumers without changes to the product, and a consumer was injured or their property damaged by the defect.
An example of a generator defect would be if it emits high levels of carbon monoxide, a gas that is toxic for people and can cause sickness and even death. If a generator emits high levels of carbon monoxide, the manufacturer might be held liable under a strict product liability theory of law.
In addition to manufacturers, the distributors of portable generators can be liable if a generator is defective. So, a wholesale distributor or a retail outlet that sells generators directly to a consumer can be liable. Or, an equipment rental company that rents or leases out portable generators might be held liable for providing customers with a generator that is defective under a strict product liability theory.
To prevail with a strict product liability claim, a person harmed would have to prove that the product was inherently defective and that the defect in the product caused them harm.
The are basically three ways in which a product, such as a portable generator, can be defective as follows:
- Design Defects: A design defect is one that arises in the design phase of developing a product. The work of the product designers is somehow deficient and the product ends up in a defective state;
- Manufacturing Defects: A manufacturing defect arises during the production phase of a product. Something occurs in the course of manufacturing a product that results in an otherwise acceptable product having a defect;
- Marketing or Labeling Defects:
- Failure to Warn: Failure to warn of known dangers is a common defect. A product that poses some kind of risk enters the market and the manufacturer and distributor fail to provide warning labels regarding known risks. Appropriate labels should alert users of the risks of harm that come from using the product, as well as precautions that can be taken to avoid them. This is why prescription drugs come with warnings about their potentially harmful side effects. Without this information, consumers may not use the product in the appropriate way and suffer injuries;
- Inadequate Use Directions: A product should come with directions on how to use it safely. A manufacturer or retailer can be held liable for injury or damage, if the product is sold without the proper directions regarding its use;
- Misleading Advertisements: A company can also be held liable for injury caused by their product if their advertisements do not accurately show the use that should be made of a product and any potential dangers.
What Are the Legal Remedies in a Portable Generator Lawsuit?
Portable generator accidents can result in severe injuries and/or property damage. In many instances, a lawsuit may be needed to collect compensation for losses. In such cases, the remedy typically involves an award of money damages to compensate the victim for losses. The damages can cover expenses like hospital and medical costs, loss of wages, property damage, pain and suffering, and other costs.
Specifically a person who has suffered harm can recover compensatory damages of two types, economic and non-economic damages. Economic damages cover financial losses or property damage caused by the defective product. Bills for the injured person’s medical care and lost income are examples of economic damages.
Damages to cover medical care include all treatment including possible future treatment, if the injured person can prove that they would need continuing care in the future. Economic damages covers hospital bills, doctors’ bills, and the costs of prescriptions and physical therapy.
Economic damages also cover lost wages or salary that the victim of a defective product was not paid, because they missed time at work. People who earn a living by running a business may be able to recover damages to compensate them for their lost profits.
As with medical bills, if the injured person has not recovered completely by the time of settlement or trial, and they can show that they would have to take time off work in the future, they could recover damages related to future lost wages or profits.
In the case of a person injured by a portable generator, non-economic damages compensate for losses that are not easily quantified. For example, they would relate to such items as:
In many instances, non-economic damages cover losses that are considered subjective. A jury may have trouble calculating the right amount for an award of non-economic damages, and in some states the amount is subject to limits or caps.
As noted above, the CPSF may issue a recall for a dangerous portable generator, and class action lawsuits can result in cases where many consumers have been injured by a portable generator issue.
Do I Need a Lawyer for Help with a Portable Generator Legal Issue?
If you have been injured by a portable generator in some way, you really should consult a defective products lawyer in your area. Your lawyer can analyze your case and determine if a defect in the portable generator caused the accident that injured you.
It may require the help of engineering experts to identify a product defect, if it has not already been recalled. Your lawyer knows how to proceed in matters of this type, and their expertise will be of great help to you.
