New Yorkers Who Bought These Chainsaws Should Beware
If you purchased certain models of chainsaws in the past two years, watch out. Recently the Consumer Product Safety Commission placed a recall on thousands of chainsaws sold at Lowe’s, Amazon and other retailers due to a defect.
Below, we’re going to tell you about the recalls, let you know which chainsaws are on the list and review product liability laws in New York and what to do if you are injured.
Why the Chainsaws Were Recalled – Is Yours on the List?
The recalled saws were sold all over the United States and Canada between January 2015 and October 2017 under the brands Snapper, Greenworks, and Kobalt. They were sold both in brick and mortar stores and online for prices ranging between $170 and $300. Over 48,000 units have been recalled in the U.S.
What caused them to be recalled? The chain brake guard. This is a really big deal because the chainsaw can continue operation even if the brake fails which poses a high risk of danger to consumers.
The saws have either a 16-inch or 18-inch blade and either an 80-volt or 82-volt lithium battery.
These are the models that have been recalled:
- Snapper XD 18-inch model SXDCS82 (item number 1696773)
- Kobalt KCS 180 (item number of 419015 or 670251)
- Greenworks Pro 16-inch CS80L211
- Greenworks Pro 18-inch CS80L00
- Greenworks Commercial 18-inch GS 180
If you purchased any of these chainsaws, you must immediately stop using it and contact the manufacturer for free repair and recall information.
If you have been injured by one of these defective chainsaws, you may have grounds for a product liability case.
How Product Liability Occurs in New York
When a product is designed, manufactured and distributed, the companies involved in the process have a legal obligation to reasonably ensure customer safety. If a product is defective and causes injury, the designers, manufacturers and/or distributors may be held liable for damages in personal injury lawsuits.
Product defects occur due to negligence. Typically, product liability lawsuits occur for the following reasons:
Defect in the design—the design itself poses an unreasonable threat of danger
Defect in manufacturing—the manufacturing process created an unreasonable risk of danger
Warning failure—the manufacturer or distributor failed to properly warn the consumer of any known product danger
Misrepresentation—in advertising materials, the distributors did not accurately represent how the product should be used
A skilled NY product liability injury attorney who is familiar with product liability cases will be able to tell you whether you have enough evidence to support your claim.
What Should New Yorkers Do If Injured?
Collect evidence. Take photos of your injury, the scene and the product as soon as practicable after it occurs. Try using different angles of the same scene to create a well-documented record.
If anyone witnessed the accident, record their names and contact information in your files.
Seek medical attention for your injuries. Even if immediate serious injuries are not apparent, medical records are crucial evidence in a personal injury lawsuit. Stay on the safe side if you sustain any injury and have your injury checked out by a medical professional as soon as possible.
Keep thorough records of your medical expenses. This includes doctor or hospital bills, prescription drug costs and co-pays for treatment.
Assemble all your records pertaining to your accident in one file. That will speed up the process for working with a personal injury attorney.
Work with a skilled product liability lawyer. An experienced NY personal injury attorney will use the evidence above in your case to determine the potential liability and extent of your injuries and damages. The product will likely need to show clear defects for a case to be filed. In New York, you must file a product liability claim within a strict statute of limitations for your case to be valid.
Call today for a free consultation to see if you have a claim that should be filed in court. We will work hard to protect your rights and help you receive payment for your pain and suffering and any economic losses.
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