One of the harder decisions you’ll have to make if you’re injured by a lawnmower is who you will sue. Thankfully, this isn’t a decision you’ll have to make yourself. Our Atlanta product liability lawyers have decades of combined experience handling these types of cases.
Here, we’ll explain how your injury lawyer in Atlanta will help decide who you need to pursue for damages.
Lawnmowers and Other Gardening Equipment Can Be Extremely Dangerous
Even if you’ve been mowing the lawn for decades, lawnmowers can be dangerous. If you don’t use it the right way, you can end up cutting yourself or even injuring your eye. Of course, the lawnmower should come with detailed instructions when you buy it.
Even if you are as careful as possible, if the lawnmower is defective, there’s only so much you can do. If a broken part of a safety lock is missing, you could end up with life-threatening injuries.
Our Injury Lawyers in Atlanta Have Handled Many Cases Involving Defective Lawnmowers
Over the years, our injury lawyers in Atlanta have handled more than our fair share of product liability cases. The good news is that most of these cases settle. The not-so-good news is that you’re still going to have to prove your case.
Whenever a manufacturer releases a product to the market, they’re promising that the product is safe. This is true for lawnmowers as well. Unfortunately, lawnmowers tend to be dangerous no matter how it’s designed.
These Accidents Tend to Cause Serious Injuries
Lawnmower accidents, when they happen, tend to be very serious. Not only are you using a dangerous piece of equipment, but you’re usually alone when you do it. There is a chance that nobody will realize you’re hurt right away.
If your injuries aren’t treated immediately, you can end up permanently disabled. Depending on the type of injury you suffer, you may end up losing a limb or digit. Our Atlanta product liability lawyers have seen people suffer devastating injuries while using a defective lawnmower.
Your Atlanta Product Liability Lawyer Must Determine What Type of Defect Was Involved
Before your injury lawyer in Atlanta can sue anybody, they need to determine who is at fault. To determine this, they’ll need to decide what kind of defect you’re dealing with.
There are three main types of product liability cases. These include a manufacturing defect, a design defect, and a failure to warn. Regardless of which type of case you need to file; the defendant will more than likely be held strictly liable for your injuries.
There Are Three Main Types of Product Liability Cases
As stated above, there are three (3) types of product liability cases. The first type, a manufacturing defect, is when a product would have been safe had it been made properly.
For example, with your lawnmower case, if the manufacturer failed to attach a safety lock, they would be liable for your injuries.
The second type, the defective design case, is when a product would be dangerous no matter how perfectly it was made.
For example, if your lawnmower was designed to have no safety locks, then it would be dangerous regardless of who made it. In this case, your Atlanta product liability lawyer would have to pursue the designer.
Finally, with failure to warn cases, it’s simply a matter of the distributor not telling the consumer about the product’s dangers. Who you sue will depend on which party was responsible for adding the warning to the product’s packaging.
Most Lawnmowers Are Inherently Dangerous
Since most lawnmowers are dangerous no matter how they’re designed, there’s a good case the manufacturer will be strictly liable for your injuries. This means that your injury lawyer in Atlanta won’t have to prove negligence.
All your attorney will have to do is prove that you used the product and were injured as a result. They will also have to show that you used the lawnmower properly and for its intended use.
Your Atlanta Product Liability Lawyer May Need to Sue More Than One Party
It’s important to remember that your Atlanta product liability lawyer may need to sue more than one party. If your lawnmower suffered from a defective design, they’ll need to sue the designer.
However, there’s also a chance that the lawnmower wasn’t manufactured properly. If that’s the case, your injury lawyer in Atlanta will also have to name the manufacturer.
Finally, if a warning would have prevented your injuries, you may also have to sue the distributor. If they were responsible for the packaging, they may also be named in your lawsuit.
Your Atlanta Product Liability Lawyer Won’t Care Which Party Pays Your Damages
At the end of the day, since most of the defendants will be held strictly liable, your lawyer won’t care who pays your damages. What they’ll do is try to negotiate a settlement with one or all the defendants named in your lawsuit.
Since the defendants will all be responsible for your damages, your Atlanta product liability lawyer can settle with one and then go after the others for the rest of your damages.
Regardless of Who You Sue, Your Injury Lawyer in Atlanta Will Try to Negotiate a Settlement
Product liability cases can be complicated. It doesn’t matter if your Atlanta product liability lawyer sues the manufacturer or the retailer. You’re going to have to prove two things to collect damages.
First, you’ll need to demonstrate that you used the product in the manner for which it was intended. Second, your injury lawyer in Atlanta must prove that you were, in fact, injured.
Knowing that the manufacturers of lawnmowers, and any other product for that matter, you don’t want to be at a disadvantage. The defendant will have an entire team of lawyers working for them. You should have one working for you too.
We suggest you call our office as soon as possible after your accident. We can reach out to the defendant and their insurance carrier and try to negotiate a settlement right from the start.
Since we offer all new clients a free, initial consultation, you really have nothing to lose.