Even when they are used properly, industrial tools such as power drills and table saws are inherently dangerous, but when a manufacturer designs or produces a defective tool, serious accidents can occur. Defective tool accidents can cause severe trauma, loss of limbs, and even death, leaving victims and their families to deal with expensive medical care, lost work hours, and physical and emotional trauma.
If you or a loved one has been harmed by a defective tool, the New York defective tool lawyers at Buttafuoco & Associates will help your family through the process of identifying the party liable for your damages and recovering compensation for your expenses and losses. Call us today for a free case review to learn more about your rights at 1-800-NOW-HURT.
Injuries from Defective Tools & Liability
New York and federal product laws hold manufacturers of consumer goods to a high standard of safety and quality. They require companies to design equipment with adequate safety measures, and manufacturer tools so they perform as expected. In addition, companies are required to warn consumers of any hazards involved in using the tool or machine.
When manufacturers fail to live up to their legal responsibilities, they may be liable for any injuries that result. For example, in 2013, an Illinois man won a $1.25 million settlement after a table saw malfunctioned, severing his index finger and partially severing parts of two more fingers. He argued that the saw lacked a safety feature known as a riving knife that would have prevented the accident.
This is not simply a one-off case. Defective tools cause tens of thousands of visits to emergency rooms annually, according to the Consumer Product Safety Commission. If you have been injured by a defective tool, you are not alone, and you have the right to hold the manufacturer accountable. If you are unsure of your rights as a consumer, a New York attorney specializing in defective tool cases may be able to help.
How to Establish Liability in a Defective Tool Case
Establishing liability for injuries sustained by a defective tool is no easy feat. Any product liability case based on negligence must meet these four essential criteria:
- The tool manufacturer, distributor, or repair center had a duty of care to provide the injured party with a safe product or safe repairs of the tool.
- That party breached this duty (i.e., was negligent) and caused the victim to suffer an injury.
- That breach of duty caused the victim to become injured.
- The victim’s injuries caused physical, financial, and/or personal harm.
In some cases, product manufacturers are strictly liable for their defective products, and the claimant doesn’t have to prove negligence. Deciding on which grounds to pursue a product liability case (negligence vs. strict liability) requires thorough investigation and legal evaluation.
This is why it is often recommended that victims work with a qualified defective tool attorney serving New York who can properly assess their rights and eligibility for compensation.
Proving Manufacturer Liability for a Defective Tool
To successfully file a product liability case based on manufacturer negligence, the plaintiff must prove with evidence that all four criteria of negligence were met. Even if a victim is pursuing a claim based on strict liability, they must prove that the product was defective and caused their injuries.
To many victims, this seems straightforward, but these cases are often complex.
Regardless of the severity of a victim’s injuries, insurance companies and large manufacturers will vigilantly deny culpability to avoid paying claims. They often make lowball offers, hoping the injured party will accept them and give up on fighting for the compensation they are entitled to.
In many cases, pursuing full and fair compensation from a large product manufacturer takes significant determination in addition to building a strong case. This process can be challenging without an attorney.
At Buttafuoco & Associates, our New York defective tool attorneys rely on our existing relationships with expert witnesses to thoroughly evaluate the circumstances of the accident and testify on our clients’ behalf. We also speak with eyewitnesses, examine product instructions or warnings, and evaluate medical records and other evidence of injuries to prove the case.
To find out if we can help, get in touch at 1-800-NOW-HURT.
Workers’ Compensation Claims for Defective Tool Injuries
If you were injured by a defective tool in the course of your employment, you may have a workers’ compensation claim in addition to a product liability claim. In this case, working with an attorney who is familiar with both workers’ compensation and product liability is key to recovering the full range of benefits and damages you are entitled to.
Workers’ compensation can provide medical coverage for workers injured by defective tools or machinery, as well as partial wage replacement benefits. A product liability claim can pursue the full extent of damages – including all medical and rehabilitation costs, lost wages, and even damages for pain and suffering.
At Buttafuoco & Associates, our defective tool lawyers serving New York evaluate each case to identify all legal avenues available to maximize victims’ compensation. Much like proving liability, establishing the full amount of damages and benefits you deserve in a mixed workers’ compensation and product liability claim requires presenting medical records, securing medical expert testimony, documenting proof of wages, and more.
Contact a Defective Tool Lawyer in New York for Help
Going up against a manufacturing company or insurer with an injury claim can be intimidating, frustrating, and time-consuming. Let Buttafuoco & Associates handle the legal paperwork, evidence collection, case building, negotiations, litigation, and more, so you can focus on your recovery.
Contact us now at 1-800-NOW-HURT to schedule a free, no-obligation consultation regarding your rights to recovery.