One of the most common household tasks during the summer is mowing the lawn. It isn’t uncommon for West Virginia parents to allow for their children to operate the mowers. What parents don’t expect is an improper design of the mower to lead to an injury of the child. A father and his minor son recently filed a defective household products lawsuit against Sears Brands LLC, Briggs and Stratton Corp. and others for an allegedly improperly designed lawn tractor. They claim that, due to an poor design, the young boy suffered a significant foot injury after making contact with the tractor’s mowing blade.
Apparently, the son was operating a Craftsman Lawn Tractor YT3000 on July 12, 2013. It was at this time, according to the legal claim, an unsafe design and condition of the mower resulted in the boy’s foot somehow getting caught in the mowing blade. The details were not reported further other than the fact that the boy’s foot was injured.
The product liability lawsuit cites damages for pain and suffering, disability, disfigurement, medical expenses and more. The claim asserts that the defendants allegedly failed to design and equip the tractor with adequate protection guards to prevent such an injury during its operation. It also alleges that the defendants failed to warn consumers about such hazards and failed to instruct consumers regarding the most appropriate and safest usage of the lawn tractor.
When defective household products, such as lawn mowers, cause harm to consumers, there is legal recourse available here in West Virginia. Although user error or improper use may contribute to some lawn mower injury cases, it can also be the fault of the designer or manufacturer of the mower. However, in order for a claim like this to be successful, there must be appropriate evidence that the injury resulted from the negligence of the defendant and/or breach of warranty.
Source: cookcountyrecord.com, “Father, son sue over son’s injuries allegedly caused by lawn tractor’s defective design“, Dan Harkins, July 16, 2015