A snow thrower is a helpful tool during winter for it does the heavy work of removing snow on driveways, sidewalks or any other area. However, it can also be harmful and a source of injury. Since 2003, reports have shown cases of amputated fingers, carbon monoxide poisoning and other serious injuries. According to the Consumer Product Safety Commission (CPSC) data, around 9,000 Americans had a snow thrower related finger injury. The reason why victims have lost their fingers is that they stick their hands in a running snow thrower.
A related controversial case on snow throwers happened in October of 2006 when MTD Products Incorporated, an American firm that manufactures outdoor power equipment recalled its 300 series snow throwers, the ones that use gray plastic wheel rims on tires. Made of a plastic material, the tire rims of this series were very dangerous. When users overinflate the tires, air pressure can cause it to explode and throw shrapnel through the air. The company had to recall the products when hundreds of owners were reported to have injuries, from bruises to cuts and broken bones.
MTD voluntarily recalled its products, however, not all 130,000 machines have been returned. Thus, a number of these snow throwers are still out and can still pose risks of injury. The company says that these were sold through Home Depot, Sears (under Craftsman logo) and other outlets. Different brands were affected, including Craftsman, Troy-Bilt and Yard machines, which were in Sears and Kmart from July 2004 to March 2006. The recalled products were made in Canada.
Like other product recalls, not everyone became aware of it. Some consumers who bought the product but was not notified about the recall might still be using it to this day. MTD still makes an effort to inform customers about the recall, stating that it has contacted more than 86% of the purchasers. Apparently, those who remain unaware of the MTD snow thrower’s dangers are still in danger. MTD is primarily responsible for injuries occurring from their product because it is the one that designed and created it.
By the standards of CPSC, the recall can be considered effective since it had reached over 65% of owners by mid-2009. It helps that the company has not stopped trying and that the number of consumer returning their snow throwers are expected to increase. To some lawyers, these numbers have something to say on the opposite side, and that is the continuous toll of victims of exploding plastic rims despite the company’s efforts.
Consumers who have been hurt because of the recalled MTD snow throwers can pursue compensation with the help of a physical injury lawyer. There are reports that MTD insists on gag order each time a victim files a claim. This is a demand commonly asked in liability cases, so that defendants can somehow control the damage because complainants and lawyers were barred from discussing the injury. This is the opposite of what most parties want to do, which is to avoid potential injuries through information dissemination.
If you are in need of a personal injury attorney in Philadelphia, Pa, then you should call Edelstein, Martin & Nelson at http://law-pa.com or you can call them at the following number (215) 731-9900 and schedule an appointment to sit down and discuss your case.