Toro Snowblower Recall Lawsuit
Snowblowers are very useful in the winter, as they keep people from having to exert themselves by shoveling snow. They save time and effort, and this can be very helpful when someone is not physically fit enough to shovel snow. However, the snowblowers themselves can be very dangerous. There have been a number of product recalls after consumers suffered serious injuries. One of the most recent recalls has affected Toro snowblowers, one of the most commonly used products on the market. If you or a loved one have been injured by a defective snowblower, you may be able to file a product liability lawsuit.
How Snowblowers Work
Snowblowers rely on a powerful motor to pull snow from the ground and throw it. These are complicated parts that rely on force. There are a number of very sharp parts that spin at a high rate when a snowblower is operating. One of the major parts of a snowblower is called an auger. These are serrated metal blades or paddles. They are designed to seamlessly collect the snow and throw it in one motion. Augers are the core of a snowblower. They gather the snow and move it into the chute, They move at a very high rate, and they are extremely sharp.
Why the Toro Snowblower Was Recalled
The auger is supposed to engage and disengage when the user operates the control level. This is basic science and how a machine is supposed to work. The Toro Power Max snowblower did not exactly work this way. The problem with this machine was that the auger continued to work, even when the user disengaged the control level. This raised the risk of amputation because the sharp serrated blades of the auger could come into contact with fingers and hands. Users had little way to stop the augers if they could not turn them off with the control levers. This recall came at a terrible time for consumers, who were relying on their snowblowers in the midst of another stormy winter.
This recall affected 7,000 Toro snowblowers made over a period of three months. These are far from the first snowblower recalls. While these machines are very helpful for people who cannot shovel snow (or do not want to), they are also very dangerous. Some of these recalls involved the danger of lacerations and severed fingers. These recalls included exploding plastic wheels and defective safety shields.
Thousands of People Are Injured Each Year from Snowblowers
Every year, there are hundreds of injuries from using a snowblower. While some of these may be from user error, manufacturers must make a product that is reasonably safe. According to the Consumer Products Safety Commission, there are approximately 500 amputations from snowblower use each year. In addition, roughly 5,000 people seek emergency medical treatment each year from snowblower injuries. Most of these injuries happen because of issues with the auger.
Each snowblower must be designed with reasonable protections to keep users from coming into contact with the auger. It must have proper safety guards and a way for users to disengage the augers without coming anywhere close to being in contact with them. Many snowblower injuries occur because of defects in the product’s design.
You Can Sue Numerous Entities in a Snowblower Lawsuit
The manufacturer would not be the only entity that you can sue in a snowblower lawsuit. Most of the Toro snowblowers that were affected by the recall were sold at stores like Home Depot and Lowe’s. It is important to remember that anyone who was involved in selling you the product can be liable for the injuries that you suffer. It is not your responsibility to figure out who bears what portion of the blame. This is for the court to do in your case. You should file a lawsuit against both the manufacturer and the dealer that sold you the product.
Types of Product Defects for Which You Can Sue
If you have suffered physical injuries from the use of a snowblower, you may be entitled to financial compensation if you can prove that the product was defective. There are three major ways that you can prove product defects:
- Design defects – there is an inherent flaw in the product’s design that makes it unreasonably dangerous
- Manufacturing defects – the product departs from its intended design with an unintentional error in the manufacturing process that makes the product unreasonably dangerous
- Marketing defect – the seller knew or should have known of a product defect, and they failed to take steps to warn the public.
Here, the problems with the Toro snowblower could either be a design or a manufacturing defect. As of now, nobody has alleged that Toro knew of the defects with its snowblower. You may also be able to win a lawsuit if you can show that the manufacturer was negligent in manufacturing or designing the product.
Damages in a Toro Snowblower Lawsuit
If you have been injured by a defective product, you may be entitled to the following damages:
- Lost wages
- Medical bills
- Pain and suffering
- Emotional distress
Product liability lawsuits are not always easy to win. When you are dealing with a complex piece of equipment like a snowblower, you would need technical and scientific experts to show exactly how the product was defective. This is why you need an experienced attorney who knows how to handle product liability cases. Companies like Toro will not just roll over and write you a check when they have sold defective products. You will need an attorney who knows how to go toe-to-toe with tough corporate lawyers.