When consumers in West Virginia use a product designed by a company, they expect that product to be in proper working order and be safe for use. Unfortunately, this is not always the case and products lacking adequate safety measures can result in serious injury. A metalworker has recently filed a lawsuit regarding a defective product after he says that he sustained permanent injuries while using that product.
The man says that he sustained these injuries in April 2012 while he was working in a metal fabrication department of a steel company. Part of his job required him to use a metal shearer that is made by Tennsmith. The plaintiff claims that when he was using these shearers, three of his fingers off his right hand were amputated by the product.
The plaintiff had to undergo surgery and physical therapy due to his injuries. He also experienced mental anguish, physical pain and suffering, chronic pain and more due to the result of this accident at his work. Because he is unable to work since he lacks the ability to use his dominant hand, he is expected to incur lost income and possibly even further medical expenses.
As many West Virginia residents would do in a similar situation, the plaintiff is seeking damages that exceed $150,000 and will likely assist him in paying past and current medical bills and support him financially since he is no longer able to work and is partially disabled now. He believes the shearers are defective due to the fact that there are no safety devices or guard in place to protect the user from possible amputation of fingers. He seeks to hold the company that made these metal shearers responsible for creating and selling a defective product.
Source: Pennsylvania Record, “Metalworker whose fingers were amputated files products liability claim against Tennsmith Inc.“, Jon Campisi, March 28, 2014