On September 30, 2020, STIHL issued a recall for their BF-KM Mini-Cultivator attachments. According to the recall, number 20-193, the gearbox could have been installed upside down by the STIHL dealer; if the gearbox was installed upside down, the tines would rotate backwards (towards the operator). This represents a significant risk of laceration to the user. The recall has affected approximately 185,000 products.
The recall strictly includes the mini-cultivator, which is one of 15 interchangeable attachments available for the STIHL KombiMotor KM model powerheads (sold separately). The mini-cultivator attachment is used to break up loose soil; it consists of four black discs with tines that are mounted to the gearbox and attached to the metal drive tube with a black deflector.
The mini-cultivator attachments included in the recall are all those with the gearbox installed upside down. The attachment should have been assembled by the dealer (and not sold in a box or assembled by the consumer after purchase).
The recalled attachments were sold at authorized STIHL servicing dealers nationwide from January 2005 through August 2020 for approximately $190 each.
According to the company, there have been at least 12 reported incidents, which includes at least 6 reports of lacerations to consumers. The company is urging affected consumers to immediately stop using the recalled attachment and take it to an authorized dealer for a free inspection as well as a free proper assembly (if it is required).
Should you follow the recommendations made by the company? Without a doubt, you should stop using the defective attachment immediately, but should you agree to a free reassembly? If you or a member of your family suffered harm associated with the defective product, you should explore the legal options available to you – as you might have grounds to sue. More specifically, you might have grounds to file a product liability claim for the harm that you or a member of your family suffered.
If you are interested in learning more about your right to sue, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims – always fighting for the best interests of our clients. If you or a member of your family suffered harm associated with a defective product, you can trust that our product liability lawyers are ready to provide you with the guidance that you need to reach a successful claim outcome.
Understanding the Risk Associated with the Defective Product
As explained above, the gearbox on the attachment could have been wrongfully installed upside down. The upside-down installation could result in the tines rotating backwards towards the operator, resulting in a risk of laceration. The lacerations could lead to some of the following:
- Nerve damage
- Muscle damage
- Ligament damage
- Tendon damage
- Infections
- Loss of function
- Loss of sensation
- Loss of mobility
- Severed fingers
- Blood loss
- Facial injuries
- Ocular injuries
Regardless of the specific harm that you or a member of your family suffered as a direct result of a defective product, it is important for you to be aware that you might have grounds to sue the company that negligently made the defective product available for purchase. If you are interested in learning more about your right to sue, do not hestiate to seek legal assistance with the experts at our firm as soon as possible.
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Your Right to Sue for Harm Caused by Defective Products
Based on the details surrounding the incident (such as the harm suffered), you might have grounds to sue for the harm that you or a member of your family suffered. More specifically, you might have grounds to file a product liability claim against STIHL. Your right to sue is based on product liability, which is based on the four elements of negligence.
Consider the points listed below:
- Companies owe their consumers a duty of care
- Companies can breach their duty of care
- The breached duty of care could lead to an incident
- The incident could result in harm
That is, all companies have a duty of care towards their consumers; they must test and inspect their products thoroughly to be able to quickly identify and address any hazards present in their products. When companies fail to do this, they are breaching their duty of care, and they are putting innocent and unsuspecting consumers at risk of suffering harm. Whenever a breached duty of care (which is represented by a defect present in the product) leads to an incident which causes harm, the company could be strictly liable based on the concept of product liability.
What does this mean? If a company is liable for the harm resulting from their defective product, affected consumers could sue. That is, you could pursue a product liability claim for the harm that you or a member of your family suffered due to a defective product.
If you are interested in learning more about your right to sue for the harm that you or a member of your family suffered due to a defective product, such as the defective mini-cultivator attachments, do not hesitate to seek legal assistance with the experts at our firm as soon as possible.
You Could Sue and Recover Compensation
Based on the details surrounding your product liability claim, you could be eligible to receive monetary compensation (if your claim is ultimately successful). What could you be awarded if you win your claim? How much compensation could you be eligible to recover? What type of compensation could you receive? Some of the categories of compensation available for recovery could include the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Funeral and burial damages
- Loss of consortium
- Punitive damages
- Legal fees
It is normal to have questions surrounding the type and amount of compensation that you could be eligible to receive. If you are interested in learning more about what you could recover if your claim was successful, do not hesitate to seek legal assistance with the experts at our firm as soon ask possible. Our product liability lawyers are ready to aggressively fight for your right to receive the highest amount of compensation available for your defective product claim. Although we are aware that the recovery of monetary compensation will not reverse the harm suffered, we know how much it can help you and your entire family move forward from such a traumatic event.
What Should You Do?
After being harmed by a defective product, affected consumers should follow the steps listed below:
- Seek medical care for your injuries as soon as possible
- Take photos of all the injuries resulting from the incident
- Take photos of the defective product
- Take photos of any property damage resulting from the incident
- Contact the company to report the incident and the harm caused by the defective product
- Do not agree to a refund
- Do not agree to return the defective product
- Do not agree to a free repair
- Do not agree to a free replacement
- Speak to witnesses present at the time of the incident
- Gather any video footage that captured the incident
- Collect all medical records
- Collect all records of lost wages
- Collect all records associated with the purchase of the defective product
- Seek legal assistance as soon as possible
Is there a Class Action Lawsuit?
Can I file a class action lawsuit? How can I join or be a part of a class action lawsuit on this case? If the defective product harmed many parties, then it is likely that there is a class action claim in which you could participate. A class action lawyer can help you figure out how to join the specific class action lawsuit. In some cases, there might be mass torts rather than a class action lawsuit – mass torts are single claims against the same company. For more information about how to proceed with your claim, do not hesitate to contact our recall lawyers as soon as possible.
The Statute of Limitations – File Your Claim Quickly
Undeniably, you likely have grounds to sue based on the concept of product liability. However, you could lose your right to sue if you fail to file your claim within the appropriate length of time. This is because your claim is subject to a statute of limitations, which determines the total length of time that claimants have to sue. If claimant do not file their claims on time, they will lose their right to pursue any legal action.
How long do you have to pursue your claim? In California, product liability claims are normally subject to a two-year statute of limitations. Therefore, claimants only have two years to pursue their claims. In addition, it is possible for exceptions to apply based on the details surrounding the claim; this means that the statute of limitations could be tolled (paused) for some time. To ensure that you have an understanding of the total length of time that you have to pursue your claim, contact our firm today.
Contact Normandie Law Firm Today
At Normandie Law Firm, our defective product attorneys are ready to help you win your claim against STIHL. Our defective product lawyers will evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome. Our firm offers free legal services, which allow our experts to remain available to all affected parties. Our firm offers free consultations as well as free second opinions. During these free legal services, our lawyers will be available to provide you with the guidance that you need to proceed legally and hold the negligent company accountable for the harm that you or a member of your family suffered. Are you interested in benefiting from our free legal services? If so, contact our firm today.
Our firm also offers a Zero-Fee guarantee, which ensures that our clients never have to worry about paying expenses legal fees upfront. Our firm is also based on a strict contingency structure, meaning that our clients will not have to pay anything until after reaching a successful claim outcome. If you do not win, you simply will not be responsible for paying anything.
Contact the lawyers at our firm today to learn more about your right to pursue a product liability claim today.
