What To Do if You’re Injured While Using a Tool or Machine

Today there is widespread availability of industrial tools and machinery to everyday consumers, driven in large part by the rise of a do-it-yourself culture. Rather than hire professionals, people more and more want to fix and build things themselves, guided by YouTube videos and HGTV-style shows that have made complex repairs and projects seem accessible. 

However, with increased consumer use of this equipment comes a higher risk of injuries, sometimes due to problems with the products. A defective tool or machine is one that is not reasonably safe for its intended use, whether due to design flaws, manufacturing errors or inadequate labeling and warnings.

If you’re injured by a tool or machine, you need to act quickly and thoughtfully to protect both your health and your potential right to a product liability claim for damages. Here’s a step-by-step guide:

• Prioritize your safety and health — Stop using the tool or machine at once. If the injury is significant, such as deep cuts, heavy bleeding, burns or fractures, seek emergency medical help right away. Don’t try to “tough it out,” as some injuries become worse if not treated promptly.

• Document your injury — If you’re able, use your phone to take pictures of any wounds, bruises or swelling and of the tool or machine, as well as the area where the injury happened. If anyone witnessed your accident, get their names and contact information. Don’t attempt to repair or alter the tool or machine after your injury. Preserve everything as it was, since how the product looked and functioned at the time of injury could be vital later.

• Seek medical attention — Even if the injury feels minor, get treated at an ER or trauma center. Some injuries worsen or have hidden effects. Explain exactly what happened to your healthcare provider, and make sure your records reflect that your injury was caused by the specific product.

• Report the injury to the retailer or distributor — Be factual and concise. Don’t admit fault or embellish what happened; simply state what occurred and that you were injured.

• Retain all evidence and documentation — Save the instruction manual, original packaging, receipts, warranty cards, and any correspondence about the product. Write down everything you remember about the moments leading up to, during, and after the incident.

• Contact an attorney — An experienced product liability lawyer can help you understand your rights and whether you might have a claim for compensation due to a manufacturing defect, design flaw or inadequate instructions or warnings.

• Monitor your health — In the days and weeks after your injury, keep notes on pain, numbness, reduced mobility and any additional symptoms.

• Stay organized — Keep a file of medical records, bills, receipts, written communications, and your personal log about the accident and its aftermath, including missed time at work. If there’s a product recall or safety notice for the tool or machine, save the notice for your records. A recall could bolster your case that the product was put on the market despite known dangers.

Pulverman & Pulverman, LLP in Santa Barbara represents people who are hurt by use of unsafe or defective products. Call 805-962-0397 or contact us online to schedule a free consultation.