Many Florida residents use dangerous equipment on a daily basis. Metalworkers are especially prone to injuries due to the tools they use. One man is allegedly disabled after he used a defective metal shearer that amputated several of his fingers.
Tennsmith Inc., is being sued by a Pennsylvania man for the injuries, which occurred on April 28, 2012. The man, who works in a metal fabrication department, injured three fingers on his right hand — his dominant hand — because the tool had no guard or safety devices to protect him.
The man is claiming strict liability and negligence against the company. He claims the company knowingly created and sold a defective product. The accident has left the man partially disabled for the remainder of his life. He is unable to use his hands to work. He allegedly experienced extreme pain and agony due to the accident and continues to lose wages. The man is seeking compensation exceeding $150,000.
Defective products can cause serious consumer injury, as seen in this case. Products need to be designed with the consumer in mind. A lack of safety precautions on a dangerous device is clearly unsafe. If an experienced metalworker ends up with amputated fingers, what will happen to someone who has much less experience using these tools? The next time, the result could be much more serious — even deadly.
The courts will decide if the shearer was truly a dangerous product or if the injuries were caused by misuse on behalf of the man. If Tennsmith Inc. is held liable for the finger amputations, the man could end up with a financial award.
Source: The Pennsylvania Record, “Metalworker whose fingers were amputated files products liability claim against Tennsmith Inc.” Jon Campisi, Mar. 28, 2014