Log Splitter Lawsuit – How to Bring a Claim

Log splitters from Oregon Tool, Briggs & Stratton and Toro have been recalled. The hazards include a wedge that will not retract, engine kick back and breaking tow pole bolts. In one recall, two incidents resulted in broken wrists.

No US lawsuit, class action or MDL over log splitters has been filed. Individual injury claims are the only legal route, and a recall does not establish liability. Announcements ran from 2019 to 2024.

Sales ran from 2016 to 2023. Owners of recalled models should stop using them and contact the maker for the free remedy. If a wedge fails to retract, do not try to fix it yourself.

Latest Log Splitter Lawsuit Updates

October 10, 2024: Irish Court Hears Log Splitter Hand Injury Case

The Irish Times reported that Ted Roche, 22, sued stud farm owner Paul Shanahan in the Irish High Court. The claim concerns a log-splitter injury on September 22, 2019 [1]. Liability is admitted.

The case is before Ms Justice Denise Brett for assessment of damages only, and the claim is brought in Ireland rather than the United States.

April 25, 2024: Oregon Tool Recalls Log Splitters and Cylinder Kits

CPSC announced the Oregon Tool recall (24-208) of Oregon, PowerPro, Country Tuff and SpeeCo log splitters and cylinder kits [2]. About 29,560 units were sold in the United States.

Health Canada joined the recall, which covers about 4,690 units in Canada [3]. The hydraulic cylinder rod can separate from the piston, so the wedge does not retract.

May 12, 2021: CPSC Announces Briggs & Stratton Log Splitter Recall

CPSC announced the Briggs & Stratton recall (21-133) of YTL, Longli and TIYA log splitters with 250cc engines [4]. The firm sold about 19,630 units in the United States and 362 in Canada.

An incorrect ignition coil and flywheel can cause hard starting and engine kick back. Owners should stop using the splitter immediately and contact an authorized dealer for a free inspection and repair.

March 17, 2021: Recall Alert Lists YTL Log Splitters

A USA Today recall alert from CPSC and Briggs & Stratton covered YTL log splitters [5]. The alert named log splitters with Briggs & Stratton engines and cited an injury hazard.

October 5, 2020: Toro Revises Its Tow Pole Recall Remedy

Toro determined that its previously recalled log splitters still risked tow pole bolt failure. The remedy needed revising in recall 20V-625, according to its NHTSA report [6].

The recall covers 605 Toro log splitters. Toro’s owner notice says it supersedes the recall announced in December 2019 [7].

December 4, 2019: Toro Begins Notifying Owners

Toro began notifying owners of the tow pole bolt problem and shipping remedy kits for its first recall, according to its NHTSA report.

November 25, 2019: Toro Tells NHTSA About Tow Pole Bolt Defect

Toro told NHTSA it had determined that tow pole bolts can break during towing. This applies to model year 2017-2019 Toro log splitters 22618 and 22618HD, per Toro’s NHTSA report.

Who May Be Affected?

Owners and operators of the recalled log splitters may be affected. The recalls cover these groups:

• Oregon, PowerPro, Country Tuff or SpeeCo models listed in recall 24-208, bought July 2020 through December 2023
• YTL, Longli or TIYA splitters with engine models 15T232-0011-F8 or 15T232-1850-F1, bought March 2016 through February 2021
• Toro 22618 (2017-2019) or 22618HD (2017-2020) towed splitters

Whether you can bring a claim depends on your own facts, so an individual legal review is needed before any claim is assessed.

Reported Injuries or Damages

Regulator reports are not proof that a product caused every incident. In the Oregon Tool recall, CPSC describes seven reports of the rod and wedge moving forward at an unexpected increased speed.

Health Canada says five came from the United States and two from Canada as of April 18, 2024, and none involved injury.

In the Briggs & Stratton recall, the company is aware of two incidents that resulted in broken wrists. Toro’s report to NHTSA, submitted March 18, 2021, records a potential crash hazard if tow pole bolts break.

Two Home Depot locations reported failed replacement bolts on May 15 and June 9, 2020. Toro found a fatigue crack in one bolt and reported no other failures.

In the Irish case, The Irish Times reported that Mr Roche had three fingers reattached in an 11-hour operation. He lost the top of his index finger.

The claim alleges the stud farm owner was negligent in allowing a child to use the splitter without training or supervision.

Recall and Regulatory Background

Three recalls name log splitters, but no finding of liability exists in any of them. No US lawsuit has followed these recalls, and none of the makers has been named in a class action.

Oregon Tool splitters sold for $1,500 to $2,745. The Briggs & Stratton models sold for about $1,400. Remedies are a free replacement cylinder, a free inspection and repair, and a Toro tow pole reinforcement kit.

Briggs & Stratton takes recall calls at 800-999-9444, 8 a.m. to 5 p.m. CT Monday through Friday, according to Briggs & Stratton’s recall page [8].

Evidence to Preserve

Keep these items after a log splitter injury:

• The splitter’s brand, model number and engine model or serial number
• The receipt or order record
• Photographs of the machine, the failed part and the scene
• Medical records and bills
• Any recall notice, dealer repair record or correspondence with the maker or retailer
• The part itself, kept unaltered

Model numbers sit in different places. Oregon Tool shows the brand on the side and the model number on the splitter.

Briggs & Stratton prints the engine model number on the valve cover and the serial number on the blower housing cover.

Filing Deadlines

State law sets the filing deadline for a log splitter injury claim, and it can depend on where you live and the date of the injury.

A late filing can end a claim even when the facts are strong. Ask a lawyer soon about the deadline that governs your own situation.

Frequently Asked Questions

Has Anyone Filed a Court Case About a Log Splitter Injury?

Yes, an Irish court case concerns a log splitter injury. The claim arises from a tractor-mounted splitter used at Ashtown Stud in Kilmacthomas, Co Waterford. The claimant seeks damages including EUR 1 million for future loss of earnings.

Which Oregon Tool Log Splitters Were Recalled?

The recalled Oregon Tool log splitters are 20 models sold under the Country Tuff, Oregon, PowerPro and SpeeCo brands. The recall also covers cylinder kits 622545, 622522 and 622906. The CPSC notice lists each model number.

Which Briggs & Stratton Log Splitters Were Recalled?

The recalled Briggs & Stratton log splitters were sold under the YTL, Longli and TIYA names. CPSC lists brands such as Black Diamond, Crimson, Lumberjack, Performance Built, Brute, Country Pro and Boss.

How Does the Toro Log Splitter Recall Work?

The Toro log splitter recall works through a tow pole reinforcement kit ordered through Toro parts. The repair takes about 2 hours, and Toro reimburses parts and labor through a warranty claim.

Were Log Splitters Recalled in Canada?

Yes, log splitters were recalled in Canada. Health Canada lists the Oregon Tool recall as RA-75363, and the company received two incident reports in Canada. The Briggs & Stratton recall also covered units sold in Canada.

What Should I Do If My Log Splitter Is Recalled?

If your log splitter is recalled, get in touch with the maker about the remedy. Oregon Tool takes calls at 833-948-2590, 6 a.m. to 7 p.m. ET Monday through Friday. Toro owners can call the NHTSA Auto Safety Hotline at 1-888-327-4236.

How Do I Report a Log Splitter Injury to CPSC?

You can report a log splitter injury to CPSC at www.SaferProducts.gov or by calling the CPSC hotline at 800-638-2772. CPSC lists this reporting channel on its recall pages for log splitters.

References

1. https://www.irishtimes.com/crime-law/courts/2024/10/10/man-sues-in-high-court-over-hand-injuries-sustained-in-log-splitter-incident/
2. https://www.cpsc.gov/Recalls/2024/Oregon-Tool-Recalls-Log-Splitters-and-Cylinder-Kits-Due-to-Injury-Hazards
3. https://recalls-rappels.canada.ca/en/alert-recall/log-splitters-and-cylinder-kits-recalled-due-physical-hazard
4. https://www.cpsc.gov/Recalls/2021/Briggs-Stratton-Recalls-YTL-Longli-and-TIYA-Log-Splitters-with-Briggs-Stratton-Engines
5. https://www.usatoday.com/recalls/consumer-products/CPSC-9022/
6. https://static.nhtsa.gov/odi/rcl/2020/RCLRPT-20V625-1285.PDF
7. https://static.nhtsa.gov/odi/rcl/2020/RCONL-20V625-1231.pdf
8. https://www.briggsandstratton.com/en-us/support/recalls-and-notifications/recalls/logsplitter-recall