A Wisconsin man is suing the manufacturer of a lawnmower, MTD Products, Inc., and Home Depot, Inc., the distributor of the riding lawnmower after it flipped and he sustained serious injuries when the lawnmower flipped and struck him reports The Record of Madison/St. Clair.
The man, Matthew Cauble, said he was following the manufacturer’s instructions when driving the MTD Shift-On-The-Go lawn tractor up and down a slope instead of driving it across. According to Cauble, the lawnmower’s transmission slipped and it started to roll backwards. He jumped off of it and the transmission re-engaged and the mower blades hit Cauble.
In his dangerous/defective products suit, Cauble claims that MTD’s design of a tractor was flawed because it was not “reasonably stable” on slopes and was prone to overturn when accelerating. His suit also claims that Home Depot sold a tractor that was defective and unsafe.
Cauble is asking for a judgment of more than $250,000 and other relief. Cauble had considerable medical costs due to his injuries.
In filing a defective product suit, the claims are usually based on negligence, strict liability, breach of contract, breach of warranty or guaranty under the Uniform Commercial Code. Washington State has a Washington Products Liability Act which sets forth rules and responsibilities to the manufacturers and sellers of defective or dangerous products and makes it easier for an injured person to recover compensation for damages.
Product liability can include the product manufacturer, manufacturers of component parts, the wholesaler and the retailers.
If you or a loved one has been seriously injured by a defective product, you will require a personal injury attorney to help establish legal fault. At The Farber Law Group, we have more than 30 years experience in representing people in personal injury cases.