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What’s the Problem?
Joshua Hill fell into an XR430 Hog Wood Chipper in March 2018 while working for American Walnut Co., which makes lumber products for gunstocks and furniture, according to the Associated Press [1].
The Hog pulverizes wood products through the use of a series of steel hammers, grates, and saw blades. As the operator, Hill’s job was to be stationed in a small shed above the machine where wood pieces were fed into the chipper.
Around 5 p.m. on March 12, 2018, Hill’s co-workers discovered the wood chipper running but Hill was not at his station. The employees turned the Hog off while they continued to look for Hill; eventually, they found evidence of his death among the wood chips in the machine.
The lawsuit, filed against Williams Patent Crusher and Pulverizer Co. on behalf of Hill’s minor children, alleges that the wood chipper lacked an automatic shut-off, an emergency stop button or rope, guards, flaps, or other methods to protect operators of the device. It also alleges that no warning signs or instructions were provided with the machine.
Man Pulled Head First Into Wood Chipper Sues for $16.7 Million
A 35-year-old Oregon man who was severely injured when he was pulled head-first into a wood chipper has filed a $16.7 million lawsuit against the device’s manufacturer.
Plaintiff Noly Chouinard was working for a tree-cutting company in Leaburg, Oregon when a rope got sucked into the wood chipper and pulled him in with it, according to OregonLive [2.].
Chouinard wasn’t tied to the rope, but it had apparently snagged on a pruned branch that he was feeding into the chipper. As he was sucked toward the blades, Chouinard’s knee hit an emergency-off bar, saving his life, according to the lawsuit.
However, Chouinard still suffered serious injuries: a crushed skull, bleeding near his brain, brain damage, a broken leg, a torn meniscus, and torn ligaments and tendons.
Chouinard is suing Vermeer Manufacturing Co. for $700,000 in medical bills so far and $16 million for pain and suffering.
FAQs
Who can file a lawsuit related to wood chipper accidents?
Individuals who have been injured while using a wood chipper, or families of those who have died in such accidents, can file a lawsuit. Consulting with a personal injury or product liability lawyer can help determine eligibility and guide the legal process.
What types of injuries are common in wood chipper accidents?
Common injuries in wood chipper accidents include severe lacerations, amputations, crush injuries, and fatalities. These injuries are often catastrophic due to the powerful machinery involved, leading to significant medical expenses and long-term rehabilitation needs.
What compensation can be sought in a wood chipper lawsuit?
Compensation in a wood chipper lawsuit can include medical expenses, lost wages, pain and suffering, disability, and other related costs. In cases of wrongful death, families may seek compensation for funeral expenses and loss of consortium.
How can owners and operators ensure wood chipper safety?
Owners and operators can ensure wood chipper safety by following manufacturer guidelines, conducting regular maintenance, using appropriate personal protective equipment (PPE), and undergoing proper training. Adhering to safety protocols reduces the risk of accidents.
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See all related product liability lawsuits our attorneys covered so far.
Do I Have a Wood Chipper Lawsuit?
The Product Liability Litigation Group at Schmidt and Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in wood chipper Lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
If you or a loved one has been injured by a wood chipper, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.