LAWNMOWER ACCIDENTS AND INJURIES
As the days get longer and hotter and as the
grass starts to grow, more people will be taking out their mowers and
cutting their lawns. However, it is easy to forget just how dangerous mowers
can be. Every year, mowers are responsible for thousands of injuries, many
to children.
The injury rate with mowers (riding mowers in particular) is very
high, with 663,000 people needing medical attention due to mower injuries
between 1996 and 2004, and with an average injury rate among owners of
riding mowers of 2.6 injuries per 1,000 users. It is important to remember
that most people, on average over the course of a year, use their mowers
only once or twice each month. This means that, per use, mowers are far more
dangerous than many other kinds of products, including cars and even guns.
Injuries caused by lawnmowers can be very serious. Many injuries are
the result of people being exposed to the whirling mower blades. These
blades, designed to cut grass, can also efficiently cut humans, and can
result in the loss of fingers, toes, and even entire limbs. Some people
suffer eye injuries and blunt trauma when debris, such as rocks and sticks,
is shot out of the mower’s discharge chute at 170 miles per hour; others are
burned on exposed engine parts and mower decks, which can get very hot when
a mower is in use.
Backover Accidents
The most serious source of lawnmower injuries is the so‑called “backover
accident.” As the name suggests, a backover accident occurs when a mowers
operator backs over himself or someone else. Backover accidents alone injure
almost 600 children per year. Although all mower accidents have the
potential to be serious, backover accidents are often the worst because the
operator does not see a child behind him, and rolls the mower entirely over
the child.
A few years ago, the lawnmower industry voluntarily placed a safety
feature on mowers, called the “no‑mow‑in‑reverse” feature. This feature
automatically disconnects the mower’s blades when the mower is put into
reverse, in theory eliminating the possibility of a backover accident. The
problem is that the mower industry also added a feature that allows mower
operators to override this safety feature and continue to mow in reverse. It
is also possible to mow in reverse even if the operator does not override
the feature, for example, when the mower is mowing uphill and the gears
slip, causing the mower to roll backwards—in such cases, the
no‑mow‑in‑reverse feature often does not work.
In the Courts
Lawsuits over the dangerous condition of mowers have had mixed
results. In several federal cases, the courts have found that warnings to
keep children away from the mower were adequate and that the mower
manufacturer was therefore not liable for not installing a no‑mow‑in‑reverse
feature or for allowing it to be overridden. Lawsuits in state courts have
been more favorable, with juries several times faulting the mower
manufacturer for the lack of some safety feature.
Many suggestions have been made to increase mower safety, including a
reduction in the top speed that a mower can travel while going in reverse
and a reduction in the amount of time that it takes the blades to stop
spinning from five seconds to three seconds. Some have pushed for improved
warnings, for moving the override switch to the back of the mower so that
the operator would have to look behind him if he wanted to use it, or even
for the complete elimination of the no‑mow‑in‑reverse override. To date, the
mower industry has resisted all of these changes, and the government has
failed to act to increase mower safety.
If you have been injured by a lawnmower, you might have a products
liability suit against the manufacturer and others. Products liability suits
tend to be complex: The defendant usually fights such claims very
vigorously, because even one successful claim could open the door to
hundreds or thousands of other claims. These lawsuits also tend to be highly
technical, requiring detailed evidence from design and manufacturing experts
about how the product was made incorrectly, how it could have been done
differently, and how all of these failures caused the injury.
It is tough to go it alone. Call us. We look forward to discussing
your case and your options.
WE APPRECIATE YOU!
Thank you for choosing our firm for your legal needs. We hope that
you will continue to count on us when you need legal help. We are just a
phone call away.
We also appreciate the trust that you have placed in us by referring
your friends, family, and associates to us for legal services. Thanks!
YOUR TEEN IS READY TO DRIVE?
MAKE THAT PROSPECT LESS FRIGHTENING
So your baby is all grown up (or thinks he is) and wants to get his
driver’s license. While having a teen on your auto policy is likely to raise
the price of your insurance, there are things you can do to increase the
chances that your teen will be a safe driver.
First, set a good example. If you speed, tailgate, and drive
aggressively, your teen probably will also. Relax, slow down, and show your
child how a safe driver operates.
Insist that your teen wear his seat belt. Texas has a law requiring
seat‑belt use, and wearing a seat belt has been proven to be the best way to
prevent injuries in an accident. Make sure that your teen wears his seat
belt every time he drives.
Many teenagers think that they are 10 feet tall and bulletproof, and
that nothing bad can happen to them. We know better, so set clear limits.
Studies have shown that teens are more easily distracted than more
experienced drivers are, so limit the number of distractions.
You can restrict the number of people that your teen is allowed to
have in the car or prohibit him from using his mobile phone or eating while
driving. Nighttime is a more dangerous time to drive, so set a “driving
curfew,” a time by which the car has to be back in the garage. Drinking and
driving (which is not safe for any driver, and is also against the law) must
absolutely be prohibited.
Make sure that your teen understands that driving is a privilege. The
ability to drive means that the teen is getting closer to adulthood, but
being an adult has serious obligations. Be certain that your teen
understands that driving is dangerous, not just for him but for the other
drivers with whom he shares the road. Impress upon him that unsafe behavior
or the failure to obey your rules means that you will take the keys.
Finally, check for insurance discounts. Although insurance for teen
drivers is very expensive, some insurers offer certain discounts. For
example, some companies give discounts if your child is on the honor roll.
Others offer discounts if the child completes an approved safe driving
course.
Taking these steps can help your teen driver grow into a safe driver.
LAWNMOWER SAFETY TIPS
Although lawnmowers are very dangerous, they can be used safely.
Follow these tips to reduce the chances of injuring someone while mowing the
lawn:
-
When you mow, make sure that the
area is clear, especially of children. NEVER allow children to play
where you are mowing.
Inspect the yard before you start, and remove debris. A mower can
shoot a stick or rock out of the chute at 170 miles per hour,
causing injuries. Obstructions in the lawn can also damage the mower
itself.
Inspect your mower before you begin, in order to make sure that it
is in good condition and safe to operate.
Do not mow up and down hills, as the mower can roll backwards.
Instead, mow across a hill. NEVER mow while going in reverse.
Do not mow wet grass. Operators can slip on wet grass, losing
control of the mower.
Wear the proper safety equipment, including long pants, long
sleeves, sturdy shoes, eye protection, and ear protection.
NEVER put your hand anywhere near the blades of a mower that is
running, even if you think that the blades are disengaged. Always
turn the mower off first.
Do not refuel the mower in an enclosed space (such as a shed) or
when the engine is hot, because the gasoline could explode. Wait for
the engine to cool before refueling, and do so outside.
THE IMPORTANCE OF PRESERVING
EVIDENCE
Regardless of the kind of case you have, every lawsuit is the same in
one way: The evidence must support your claim. This means that if you
suspect you have a claim, you should take steps to preserve the evidence
that could be critical in supporting your case.
It is said that a picture is worth a thousand words, and this is
especially true in a lawsuit. If you have been hurt in a car accident, take
photos of the car you were in, the scene, and, if possible, your injuries.
Documents can also be evidence: Receipts, medical records, product
instructions, accident reports, and the like can all be used to prove your
claims.
Evidence is especially important in products liability cases, where
someone is hurt by a defective product. Keep the product in the condition
that it was in when the injury occurred and, if it is not in your possession
(such as a car in a wrecker yard), take steps to secure it. There are
reports of defendants trying to buy the defective product so that they can
destroy it.
Sooner is better than later. A picture of the accident scene taken
the day after a collision is worth more than one taken a year later. A
picture of your bruises taken soon after you were injured will tell more
than pictures of the same bruises once they have begun to heal.
When you hire a lawyer to represent you, give him all of the evidence
you have saved. This will help make your case and get you the compensation
you deserve.
INSURERS MAKE RECORD PROFITS—AT
YOUR EXPENSE
Insurers in America have posted record profits of $62 billion in
2007. These profits are not a fluke: Insurers have made almost $170 billion
in profits since Hurricane Katrina, and about $235 billion since 2002.
These profits are the product of a combination of higher premiums and
smaller payments. In fact, insurers routinely refuse to pay covered claims
and use unfair claims and settlement practices to increase profits, harming
policyholders who have paid for coverage.
The next time you hear insurers lamenting poor profits and blaming
greedy lawyers for increases in premiums, remember who it is that has all of
the money. Unfortunately, if you want a fair shake from an insurer, you have
to hire a lawyer to help you, which is why people with lawyers regularly
recover far more from insurance companies than people without lawyers do.
CASE BY CASE
Workplace Safety
Violations Cost Employer
A jury recently returned a $3.7 million verdict against the employer
of a man who was seriously injured when he fell down an open elevator shaft.
The worker (who, ironically, was responsible for safety at the
construction site) fell because the rails intended to keep people from
falling down the shaft had been partially disassembled. The evidence showed
that one side of the rails had been unscrewed from the supports and, when
the worker leaned on the rails, they gave way and he fell.
The fall caused the worker to break several ribs, his shoulder, and
his elbow. His injuries were so serious that he could not move, and he had
to be rescued from the elevator shaft by a crane.
At trial, the employer blamed the worker, saying that the worker had
given permission for the rails to be loosened to allow another company to do
some work. The employer also claimed that the rails were obviously not
attached and that it was the worker’s fault for not noticing. However, these
claims were undermined by another worker, who testified that the rails still
looked as if they were properly attached.
The jury ruled against the employer. It awarded the worker over $3
million for his injuries and loss of earnings, and his wife almost $700,000
because of the injuries suffered by her husband.
Workplace safety is important, and verdicts such as these play an
important role in ensuring that employers have the proper incentive to
protect their workers.
|
Newsletters