Power tools can cause serious injuries and even death when users do not follow proper safety or operating instructions or when defective power tools do not operate properly. The Consumer Product Safety Commission (CPSC) reports close to one million power tool injuries and 200 deaths occur each year among construction workers, carpenters, roofers, landscapers, auto mechanics, electricians, and plumbers. Negligent power tool manufacturers, distributors, and construction companies can be held liable for power tool injuries.
Common Types of Power Tools
The most common types of power tools used in the construction industry include:
- Power drills
- Chainsaws, circular saws, jigsaws, miter saws, and concrete saws
- Power wrenches
- Nail guns and staple guns
- Hydraulic jacks and airlifts
- Ceramic tile cutters
- Power washers
- Floor sanders
- Rotary tillers
Common Types of Power Tool Injuries
The most common types of power tool injuries include:
- Cuts, lacerations, and bruising
- Broken bones
- Eye injuries and blindness
- Hearing loss
- Puncture wounds
- Facial, head, and neck injuries
- Spinal and back injuries
- Internal organ damage
- Brain injury
Who is Liable for a Power Tool Injury?
Power tool injuries can result in emergency room visits, hospitalizations, surgeries, physical and cognitive rehabilitation, prescription medications, temporary or permanent disabilities, and lost wages. Compensation for these costs, including punitive and compensatory damages, can be recovered in several ways.
- Personal Injury and Third-Party Lawsuits: Recovery for medical bills and lost wages, like punitive and compensatory damages, can be recovered in these lawsuits. Victims of work-related power tool injuries caused by negligence can hold their employer or third-parties liable for their injuries. Negligence can include improper training, inefficient personal protective equipment, lack of routine inspections, and poor maintenance of equipment.
- Product Liability Claims: When a power tool is defective in design, manufacture, or operation, injured victims can claim compensation through product liability claims. Compensation can be claimed for marketing defects like failing to warn consumers of risks associated power tools and failure to provide proper safety and handling instructions.
Workers’ Compensation: When power tool injuries are work related, victims can claim Workers’ Compensation benefits to cover medical bills and a portion of lost wages. Workers give up their right to sue their employer when they claim this benefit.
Evidence of Negligence
Many large manufacturing companies and employers have legal teams dedicated to fight these claims, but strong evidence is needed to prove negligence. Information that is vital for a successful claim includes detailed medical records, witness testimonies, photos or videos of the power tools responsible for injuries, and the documentation for lost wages. The plaintiff will have to prove that the manufacturer or distributor was negligent in providing a safe product and that there was a breach in the manufacturer’s duty of care to the consumer that resulted in the victim’s injuries and damages.
New Brunswick Construction Accident Lawyers at the Law Offices of Harold J. Gerr Represent Victims of Power Tool Injuries
If you or someone you know has been injured by a power tool, you may be eligible for compensation. Our experienced New Brunswick construction accident lawyers at Law Offices ofHarold J. Gerr will advocate for your rights. Contact us online or call us at 732-249-4600 for a free consultation regarding your potential case. Located in Highland Park, New Jersey, we also serve clients throughout New Brunswick, Somerset, Piscataway, Edison, South River, Sayreville, Metuchen, East Brunswick, South Plainfield, Fords, Middlesex, Old Bridge, Iselin, Bound Brook, Perth Amboy, and Colonia.