Additional Info: My husband was using a table saw rented from a store in Worcester. He suffered an injury and lost his first and second fingers of his dominant hand. His buddy was a witness to the accident and stated there was no safety mechanism on the table saw. Is the rental company or manufacturer liable for a faulty product?
Your husband may have a viable case against several possible wrongdoers or defendants. This type of Products Liability claim may involve not only the rental company and manufacturer, but any company or person involved in what is known as “the chain of commerce.” That means that the designer, manufacturer, wholesaler, distributor and/or renter may be legally responsible for placing into commerce an unreasonably dangerous and defective product that caused an injury. Further, this legal liability may be based not only on a design flaw such as an inadequate guard, but also may be based on insufficient safety labeling, warnings or instructions. Lastly, you should know that product liability cases may be brought under a legal theory called “strict liability.” This theory allows an injured consumer, like your husband, to recover against the defendants even where the defendants were not negligent. Of course, there are special defenses available to the defendants in a strict liability case. We always recommend a face to face meeting with an experienced personal injury lawyer to explore in depth these and other issues invariably found in Product Liability cases.