Every year, thousands of products will be recalled due to manufacturer defects. Many of these defects can cause serious harm, resulting in safety concerns. When a recall is released, potentially unsafe products are either repaired or replaced.
Consumers are compensated for the inconvenience of surrendering the defective product back to the manufacturer or an authorized dealer. Recently, Toro has issued a recall for 6,700 snowblowers found to pose an amputation hazard. Let’s take a look at what you need to know concerning the recall and how, in extreme cases, you could be eligible to pursue a product liability lawsuit.
Toro is a successful worldwide business, providing innovative solutions for outdoor environments. They specialize in manufacturing products for landscaping, turf maintenance, specialty construction and rental equipment, snow and ice management, outdoor lighting, and irrigation solutions. Toro has been in business for over 100 years and continues to be at the forefront of innovation. They are leaders in their industry and produce many products that are available to consumers, such as lawnmowers, sprinklers, and snowblowers. Even though Toro has been in business for so long, they aren’t immune to distributing defective products.
Suppose you have recently purchased a Toro snowblower from Ace Hardware, The Home Depot, or another authorized Toro dealer. In that case, it is prudent to check the model number to see if you are included in the most recent recall. This Toro snowblower recall was released on February 17, 2021. The snowblower that is affected is the 2021 Power Max 826 OHAE with model number 37802. If this is the snowblower you have, you should stop using it immediately, and you will need to check with Toro for more instructions.
You can find all the affected serial numbers on Toro’s website. You can also contact an authorized dealer to receive a free repair. There are two ways to find one; you can use the online locator tool or call this toll-free number: (833) 254-8856.
A serious issue has been reported that could result in amputation should the snowblower malfunction during use. It is vital that you check your Toro snowblower model to ensure your safety and the safety of others who may use the machine. The problem that is being reported is that the auger is continuing to spin after the control lever has been released.
The auger is the corkscrew-like device at the front of the snowblower. The machine uses this device to scoop snow into the discharge chute, thus blowing the snow off the surface area you are clearing. The auger spins at a very high rate of speed while in operation.
If it fails to disengage after you release the control lever, you could be at risk of getting your hands or feet amputated. Though there have only been five reports of this issue, this Toro recall is for around 6,700 snowblowers as a precautionary measure.
Manufacturers are liable for the products they produce. This is especially true if a product has a defect that can or does cause an injury to a consumer. This applies to anything you can buy, such as food, toothpaste, pharmaceuticals, power tools, or lawn equipment. It is the manufacturer’s responsibility to inform consumers of risks associated with a particular product. It is also their responsibility to stop manufacturing and distributing a product once a safety concern is identified. If this is not the case, a company may be liable for damages caused by a defective product.
Product liability applies when negligence can be proven at all levels of product development. This includes the design, manufacturing, wholesale, retail, and distribution of a product that is later identified as defective. Some of the more common examples of product liability cases are:
In extreme cases, such as sustaining physical injuries from using a defective product, you are eligible to pursue a product liability lawsuit. You don’t have to be the first person to use a product, and in many instances, proving negligence isn’t required. These types of cases are mostly centered around ownership of liability. As long as you didn’t substantially alter it and only operated the product as intended, liability for any injuries or damages will fall on the manufacturer.
Breach of warranty and negligence claims can be filed as well. If it is shown that a company has failed to test a product properly or supply consumers with accurate instructions for safely using it, negligence can be proven. If you find yourself eligible to file a claim concerning a defective product where negligence is present, it is crucial to preserve the product and all paperwork detailing its origin. This can include repair records, purchase receipts, and any other documentation essential to the product.
There have been no injuries reported concerning the Toro snowblower defect, but that doesn’t eliminate the possibility of an extreme case of injury. If you suffer an injury from this Toro product, you could be eligible to move forward with a product liability lawsuit for the damages you incur. Check with a trusted personal injury law firm such as Goodman Acker P.C. for more details on how to proceed.
Governmental, state, professional, and local manufacturing guidelines are put into place to regulate manufacturing practices, ensuring consumers’ safety. This helps companies produce products that meet or exceed set safety standards before distributing products to the general public.
When products are reported to have defects, and recalls are issued, the United States Consumer Product Safety Commission provides you with all the information you need to know and how to proceed if you have purchased something undergoing a product recall. They also offer valuable information for businesses regarding consumer product safety rules that may apply to their products. Remember to check your snowblower if you have purchased one from Toro in 2021 to see if you have the model that is being recalled. Follow the instructions that Toro provides regarding this recall to ensure your health and safety.
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