Florida Tool Injury Attorney
Power tools can be the source of many serious and deadly injuries, both in the workplace and at home. While certain workplace injuries require an injured plaintiff to file a workers’ compensation claim in order to seek compensation for losses, many workplace injuries linked to power tool use are caused by power tool defects. Although workers’ compensation is an exclusive remedy, the exclusive remedy provision does not apply to workplace injuries caused by product defects. To be sure, in workplace accidents involving defective power tools, the injured worker can be eligible to file a product liability lawsuit. Likewise, power tool injuries sustained outside the workplace can also result in a successful product liability lawsuit. Our Florida tool injury attorneys can help you with your claim.
Common Power Tool Injuries in Florida
Florida power tool injuries can result from many different types of tool uses, and from many kinds of product defects. The following are some of the most common reasons for tool injuries in Florida and across the country:
- Defective table saw blade guard, or removal of the table saw blade guard;
- Removal of machine guards or other types of safety devices on power tools;
- Power tool cord defects that result in electric shocks and electrocutions;
- Improper use of, or lack of safety gear, while working with power tools, such as heavy-duty work boots that are puncture-resistant and cut-protection gloves;
- Improper use or lack of eye and face protection while working with power tools;
- Distractions while working with power tools; and
- Trips and falls around power tools due to clutter or cords that pose tripping hazards in your work space.
Comparative Fault and Florida Tool Injuries
What happens if a person is injured by a defective power tool, but the designer or manufacturer of the tool raises the affirmative defense of comparative fault and argues that the injury victim is not entitled to compensation because of his or her own negligence. If a power tool is defective and causes an injury, can a plaintiff still obtain compensation even if he or she was negligent in the use of the power tool?
Under Florida law, Florida follows a comparative fault model known as “pure comparative fault.” What this means is that, as long as a plaintiff in Florida is not fully at fault—i.e., 100 percent at fault—for his or her injuries, the plaintiff can still recover damages from a liable defendant. However, the plaintiff’s damages award will ultimately be diminished by his or her percentage of fault. For example, if a court awards a power tool injury victim $100,000 in damages but finds the injured plaintiff to be 20 percent at fault, that damages award would be reduced by 20 percent, or $20,000, and the plaintiff would recover $80,000. Likewise, if the plaintiff is found to be 80 percent at fault, the damages award would be reduced by 80 percent, or $80,000, and the plaintiff would recover $20,000.
In sum, if a plaintiff is between 1 and 99 percent at fault, that plaintiff can still recover damages, but the award will be reduced by the plaintiff’s portion of fault.
Contact a Florida Power Tool Injury Lawyer
If you need assistance filing a claim after a power tool injury, our Florida tool injury attorneys can help. Contact Halpern Santos & Pinkert, P.A. to learn more.
