Every day, we are around equipment and machinery that could inflict serious bodily injury. Whether we are riding in car, an elevator, an escalator, or using any number tools, we are at some level of risk of suffering a serious personal injury.
Most of them time, that risk is extremely small. We trust the companies that have manufactured this equipment to take all feasible precautions to make their respective products safe. However, sometimes accidents still happen, and those accidents can have serious consequences.
According to a recent report from Time Warner Cable News Charlotte, a two-year-old boy was riding on a lawn mower operated by a family member. At some point during the ride, the boy was let down from the riding mower and got his foot caught in the blade mechanism. The lawn mower blade caused severe personal injury to the young victim’s foot. Family members called 911, and EMTs arrived to provide immediate medical attention. Due to the severity of the boy’s injuries, EMTs called for a medevac helicopter. After a helicopter arrived on scene, paramedics transported him to a pediatric level-one trauma center in North Carolina. The extent of his injuries is not yet known, though it is believed they were extremely severe.
As our Charlotte personal injury lawyers can explain, some accidents are truly accidents for which nobody is at fault. However, some accidents would not have happened but for another party’s negligence. In cases where it is suspected a product was negligently designed or appropriate warnings were not given, there may be a valid basis for filing a personal injury lawsuit under a theory of products liability.
In products liability cases, one of the most crucial elements is finding out if the manufacturer of an allegedly defective product knew or should have known an accident was likely to occur based upon the design of a particular product. One of the ways of learning this information is through the discovery process. Plaintiff’s attorney will be able to learn if any similar accidents had occurred in the past, and if defendant was aware of these accidents.
Plaintiff’s attorney will also be able to discover relevant documents, including internal company memos, to see if an engineer or safety tester had ever mentioned a particular risk. If a company knew or should have known of a particular risk and did not take steps to mitigate the danger, they may be liable under a defective design theory.
However, some products are simply dangerous by the nature of their design, or they will not function properly. With products such as these, is it is necessary for a company to warn known users and potential plaintiffs of known dangers.
An example of an inherently dangerous product would be a firearm. Obviously, a firearm is dangerous, given the purpose for which it is designed. However, user should be warned of certain things that make the product unreasonably dangerous, or what precautions should be taken to avoid personal injury. This is why guns have warnings engraved in the metal.
It should be noted, every case is different, and you should speak with your personal injury attorney about the facts of your case.
Contact the North Carolina injury lawyers at the Lee Law Offices by calling 800-887-1965.
Burke County Boy Injured in Lawnmower Accident , Apr. 13, 2015,, TWC News
More Blog Entries:
Wadeer v. N.J. Mfrs. Ins. Co. – Recovery of Damages for “Phantom Vehicle” Accident, March 6, 2015, Anderson Injury Lawyer Blog