Active, Attentive & Effective Representation

Who Pays When A Defective Tool Causes Injuries?

On Behalf of | Feb 14, 2019 | Workplace Injury |


Some DeWALT drills nationwide were just recalled due to a shocking hazard. In total, about 122,000 of the products were sold to US consumers. While there have been no reported deaths due to this hazard, we know that getting shocked is not something that anyone, particularly a construction worker, needs to worry about if they are already working in risky places.

At Hiden, Rott & Oertle, LLP, we know that those working in construction have tough jobs. These jobs should not be made even more difficult by having to worry about faulty tools. However, like the case above, we know that there are many faulty tools on the market that can pose a danger. If you need a San Diego work injury attorney, you can count on us to be by your side.

What Can Happen

As we browse through the government recall website, we find many tools that can cause harm to a worker:

  • Dremel rotary tool recalled due to a burn hazard
  • Hammer drill recalled due to electrocution risk
  • Chainsaw recalled due to “kickback” injuries

Those are just three of the many examples that are on the list, but recalled products are announced daily. This can be a problem for industries that rely on handheld and power tools on a daily basis.

But who covers the expenses if a defective tool causes an injury?

All work injuries should be covered by workers’ compensation. Your employer cannot deny you coverage despite the injury likely being the fault of the tool.

You, however, may be able to pursue further damages beyond workers’ compensation by filing a product liability claim against the company or manufacturer of a product. Companies have a responsibility to their consumers. When one of their products is defective and causes injuries, they should be held accountable. Just because you were hurt in a work incident does not absolve them of wrongdoing.

Faulty products are hit the market regularly and are often harmful due to design errors or a manufacturing flaw. Sometimes, these defects are not known right away. There are also times when the products are not labeled properly. For tools, this can mean that the risks and hazards are not listed or that instructions for proper use are incorrect.

What You Can Do

If you have been injured in a work incident that was caused by a faulty tool, you need to seek legal assistance as soon as possible. These cases can get confusing, especially when we are dealing with a workers compensation case as well as a possible product liability case. At Hiden, Rott & Oertle, LLP, we will work diligently to secure the compensation you need for all of your incident-related expenses. This can include:

  • Coverage of your medical bills
  • Lost income and benefits
  • Pain and suffering damages
  • Punitive damages

When you need a San Diego work injury attorney, you can contact us for a free consultation by calling at at our office.