A Chainsaw is one of the dangerous tools in use. Every year approximately 40,000 individuals are seriously injured in chainsaw accidents. Many injuries are the result of user error or misjudgment; however many accidents are the result of faulty dangerous chainsaw defects. Common injuries associated with defective chainsaws include
- Hand and Finger Amputations
- Chainsaw Kickback injuries to the Neck including detracting neck trauma
- Facial Lacerations leading to permanent scarring and disfigurement
- Traumatic Eye Injuries leading to blindness
- Head injuries including head wounds and brain hemorrhage
- Injuries to the upper torso
- Injuries to Lower Extremities
There are generally two major defects associated with chainsaws which result in the majority of chainsaw defect injuries; (1) Fuel System defect, and (2) Piston and Crankshaft defect Chainsaw Accident Attorney: If you or a loved one has experienced serious injuries form a defective chainsaw contact our product liability law firm. Product defect cases are difficult to litigate because they present a unique and challenging set of issues. Our experienced and compassionate legal team is here to help.
How Can a Chainsaw Defect Lawsuit be proven in court – Product Liability Laws
There are several legal avenues with which defective product lawsuits can prove liability for chainsaw injuries. Manufacturing: Manufacturer defects occur when there is a flaw in the manufacturing method, which caused the product to be different from what the manufacturer originally intended. The product will be considered defective when it is different from its original design, even though care was exercised to avoid this issue. When considering whether a product has a manufacturing defect, the important question is always whether it was designed in conformity with the manufacturer’s original plans. If there is some type of deviation then a manufacturer defect is considered to exist. Design: A design defect takes into consideration the overall design of the product. Was the product properly designed? Did the manufacturer have more suitable designs which were less likely to cause harm? Did the manufacturer anticipate the use of the product? When you bring a cause of action for design defect, the ultimate premise is whether the design makes the product defective. If the product is found to be defectively designed then you may be entitled to recovery for injuries sustained. Failure to Warn: Failure to warn occurs when the defendant or manufacturer of the product does not warn of known dangers. If the manufacturer does not adequately warn of a known risk then it can be liable for failure to warn. While manufacturers are not required to warn of obvious dangers, the courts apply an objective test to determine knowledge. Would a reasonable person know whether the product was defective or noticed the inherent issue? This is the objective standard test and specific knowledge is not considered. Manufacturers must warn through proper instruction of the various known risks or risks they could have discovered through reasonable discovery.
Chainsaw Safety Measure – How to reduce the chances of serious injuries from Chainsaws
Below are some helpful safety measures that should be taken by chainsaw users to prevent serious injuries.
- Read your chainsaws instruction Manuel before using the product
- Properly Maintain you chainsaw in working condition
- Wear gloves and protective head gear
- Always keep the saw secure during transport
- When storing the saw remove the chain and store it in an oil container to prevent rust
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California Defective Products Attorney – Chainsaw Defect Lawsuits
Our product defect legal team deals with a number of different defective product cases. Dealing with a product defect case can be difficult. Manufacturers have deep pockets and can put up a lengthy battle. It is important that the attorney you select has the resources, time and knowledge to deal with product liability cases. Additionally, your attorney should understand the extent of your injuries. Each case presents its own set of issues so selecting the proper attorney is important. If you have any further questions contact our law firm today.