Lawsuit worthy?

[MushyMushy]

I know people are very quick to judge those who seem lawsuit happy, but I was curious about your thoughts on this. I'm sorry to be vague, but since it's happening to someone I know, I don't want to give details. Also, I just want to know in general what you think about situations like this.

This person was using a machine exactly the way it's intended to be used, and knowing this person the way I do, I have no doubt that he was being very cautious. He's by nature a very careful person. He had an accident with this machine and lost a couple of fingers. After talking to a couple of people (and this was all very recent), he's come to find out that others have had similar accidents with the same machine involving loss of more than fingers.

Wouldn't you think if you've heard of a couple of accidents that there would be a ton more you haven't heard of?

Is a call to an attorney in order here?

 

[Cool-Beans]

I don't know. Sometimes defective machines hurt people. Other times, people are are at fault because they are stupid. And sometimes, accidents happen.

Hard to say without any info.

 

[minkydog]

If I lost fingers using a machine, I think I would have to talk to an attorney.

 

[salmoneous]

From a theory standpoint:

It depends upon what you mean by "had an accident with the machine". Let's assume we are talking about a meat-slicer. If he was just slicing meat following the instructions and his fingers came flying off, yeah, I think that worthy of a suit. On the other hand, if you mean he had an unrelated accident while using the machine - i.e. he tripped and while falling his fingers got sliced - then, no I don't think it worthy of a suit.

From a practical standpoint, the first thing I would do is search and see if there are already suits against the manufacturer, especially a class action suit.

 

[Honu]

It really depends on the machine and how it was being used. I'd say if fingers are being trapped it possibly is a product safety issue, but that does not mean the manufacturer is necessarily at fault for the accident.

I have two people in my immediate family that have had chain or buzz saw injuries to their hands. Both were accidents. Neither sued.

 

[MushyMushy]

Well, I might as well say what the machine is. Maybe someone who's familiar with it can explain it to me because I have no idea how this would have happened, and I haven't seen anything on the internet to clear it up.

It's a Craftsman Grass Sweeper. It connects to the back of your riding mower, and you have a cable or rope that you hold on to so you can release the clippings. The people who have had these accidents have gotten their fingers and hands cut off by the rope when it somehow tightens.

Okay, I found an actual video of it being used on the sears website: Grass Sweeper. Just click where it says to watch video.

I can't imagine how people are losing body parts by this thing!

 

[mking624]

I really don't know if it would be lawsuit worthy or not...but I'd imagine it would be difficult to prove that the individual truly was following the instructions step by step.

 

[peachgirl]

I watched the video. I don't see how anyone could get a hand or finger cut off using as it was shown in the video. It's a single rope. The only way you'd get injured is if you wrapped the rope around your fingers or hand as you were pulling it back...in which case you wouldn't be using it properly.

Still, if enough people report the injuries it would show a pattern that the product was dangerous.

I think it's a little early to be calling lawyers though.

 

[CEDmom]

I watched the video and I see many ways that someone not operating it properly could get injured. To cut off an entire hand or finger even seems extreme. I'd think you'd have to wrap the cord around your hand or finger and operate the thing while driving.

Based on what I saw I don't see how the manufacturer is liable.

 

[hlbtimes2]

For this type case, most lawyers would give a free consulation. Most would also work for a % of the case, rather then wanting money upfront. Its pretty standard for injury cases. Probably wouldnt hurt to talk to one.

 

[Honu]

From that video, it's easy to see how it happened and I would get an attorney. The bin appears to be heavy enough, especially when loaded, that someone who loses their grip while emptying it risks having the wire turn into a guillotine. Just look at the trouble the actor had emptying that bin. There needs to be a handle on that thing.

 

[RitaZ.]

Is it a rope or a wire? It looks like a wire to me. If so, I can see how those injuries occurred. IMO, that part was poorly designed.

 

[dennis99ss]

If someone walked into my office with the story, and the video, I would certainly entertain the case, and do some research into it, depending, of course, on how the injury actually occurred.

 

[allie&mattsmom]

If you want, I'll ask my DH when he gets home. He's an attorney. I'll post back after I talk to him and have him watch the video.

 

[MorganLeFey]

from defense counsel's viewpoint...I didn't watch the video, but yeah, I'd be calling a lawyer right about now. three reasons:

1. it's a serious injury.

2. if there's a pattern of similar injuries as you claim, then the company has notice...and at minimum should have warned users of the potential for injury.

3. preservation of evidence.

 

[allie&mattsmom]

I talked to my husband and he said it is worth consulting with a lawyer about.

 

[MushyMushy]

Thanks for the opinions! I'm definitely going to say something about it. I know this person very well, and I know he would never go for frivolous lawsuits. I just feel really bad for him.

 

[3princesses+aprince]

I would call an attorney too. And yes it does look pretty heavy to pull that rope/wire. That does look dangerous! I can't believe there is no "handle" or anything, that you just pull on a rope/wire. And if it is a wire, that's even more dangerous. Good Luck!

 

[Ub_Iwerks]

I'd talk to an attorney, but I'd be very particular which attorney I talked to.

 

[jw50]

I don't think he is likely to have much of a case since it specifically states in the Owner's Manual "4. Never attach the hopper rope to any part of your body or clothing! Never hold on to the rope while towing the sweeper! Attach the rope to the towing vehicle to keep it away from wheels and rotating parts."

It is difficult to see how he could have lost fingers if he had followed these instructions.

Of course there is never any guarantee that a slick lawyer wouldn't be able to convince a jury somewhere that Craftsman was still at fault.