Product liability refers to the legal liability that producers and manufactures of products bear for the goods that they introduce into the marketplace. If a product is dangerous or harmful to consumers and someone is hurt as a result, the injured person has the right to file a product liability lawsuit against the producer or manufacturer of the product. In fact, that is exactly what happened in the following product liability suit.
According to news reports, a Pennsylvania man is suing a Tennessee company that produces metal shears after the man sustained serious personal injuries while at work. According to the complaint, the man was using a metal shearer produced by Tennsmith Inc, when he had his fingers amputated by the machine. It was reported that the Buck County metal worker lost three fingers on his right hand in the tragic accident.
The complaint includes multiple counts of negligent product liability, strict liability, and warranty counts and refers to the product as “unreasonably dangerous.” In fact, the complaint cites the tool’s lack of guard or any other safety device as proof of its poor design. The worker is currently asking the court to award him more than $150,000. The man alleges that he has, and will continue to, incur significant lost wages as a result of the accident.
When someone is injured at work due to a faulty or poorly designed product, they have multiple avenues of recourse. For those who read this blog, workers injured on the work site always have the option to file a workers compensation claim or seek damages from their employer. If the accident was the result of a poorly designed product, however, the worker can also seek compensation by going after the product designer.
Source: The Pennsylvania Record, “Metalworker whose fingers were amputated files products liability claim against Tennsmith Inc.,” Jon Campisi, March 28, 2014