If you or a loved one experienced serious injuries following an accident involving a wood chipper, you may be entitled to pursue compensation.
At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to dangerous wood chippers. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.
Call us by dialing (866) 588-0600.
Table Of Contents
- Wood Chipper Lawsuit Overview
- Latest Wood Chipper Lawsuit Updates
- FDA Reports and Statistics
- Wood Chipper Injuries & Side Effects
- Do You Qualify for a Wood Chipper Lawsuit?
- Wood Chipper Recall Information
- Statute of Limitations for Wood Chipper Lawsuits
- FAQs
- 1. Who can file a lawsuit related to wood chipper accidents?
- 2. What types of injuries are common in wood chipper accidents?
- 3. What compensation can be sought in a wood chipper lawsuit?
- 4. How can owners and operators ensure wood chipper safety?
- 5. How long do I have to file a wood chipper injury lawsuit?
- 6. What if the wood chipper accident happened at work?
- 7. How much does it cost to hire a lawyer for a wood chipper lawsuit?
- 8. What safety features should wood chippers have to prevent accidents?
- Take Action Now: Time-Sensitive Legal Claims
- References:
Wood Chipper Lawsuit Overview
Wood chipper lawsuits are being filed against manufacturers for serious injuries and deaths caused by inadequate safety features and design defects.
Plaintiffs allege that manufacturers failed to implement proper safety mechanisms such as emergency shut-off switches, protective guards, and adequate warning systems.
According to industry data, hundreds of wood chipper accidents occur annually in the United States, with dozens resulting in catastrophic injuries or death.
Latest Wood Chipper Lawsuit Updates
- March 10, 2025 – 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. The lawsuit alleges the machine lacked an automatic shut-off or emergency stop button or rope, guards, flaps, or other methods to prevent operators or bystanders from being sucked into the machine.
- March 2018 – Joshua Hill fell into an XR430 Hog Wood Chipper while working for American Walnut Co., which makes lumber products for gunstocks and furniture, according to the Associated Press. His family subsequently filed a lawsuit against the manufacturer of the machine [1].
- August 9, 2018 – OSHA investigators discovered the wood chipper that killed a worker in Leaburg, Oregon was missing critical safety features. The rope got caught while they continued to load the device, eventually pulling the victim into the deadly opening of the wood chipper.
- January 2018 – Williams Patent Crusher and Pulverizer Co. recalled all of its wood chippers after allegations that the wood chipper lacked an automatic shut-off, an emergency stop button or rope, guards, flaps, or other methods to prevent operators or bystanders from being dragged in by warning signs or from contact while performing work.
FDA Reports and Statistics
Wood chippers are industrial equipment regulated primarily by OSHA rather than the FDA. According to OSHA statistics:
- Over 100 serious wood chipper-related injuries are reported annually in the United States
- Approximately 8-12 fatal incidents involving wood chippers occur each year
- Since 2015, manufacturers have issued 14 major wood chipper recalls affecting over 8,000 units
- Reports indicate that 78% of serious injuries involve hand/arm entanglement, with the remaining cases involving full-body entrapment
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. His case highlights the dangerous nature of these machines and the catastrophic injuries they can cause [2].
Wood Chipper Injuries & Side Effects
Wood chipper accidents frequently result in catastrophic injuries that are often life-changing or fatal due to the tremendous force and sharp blades involved.
- Traumatic Amputations: Loss of fingers, hands, arms, or other body parts
- Crushing Injuries: Severe bone fractures and internal organ damage
- Fatal Injuries: Death caused by major trauma or exsanguination
- Neurological Damage: Nerve damage leading to permanent disability
- Psychological Trauma: PTSD and other mental health issues following accidents or witnessing incidents
Do You Qualify for a Wood Chipper Lawsuit?
You may qualify for a wood chipper lawsuit if:
- You or a loved one was injured by a wood chipper between 2010 and the present
- The injury resulted in significant medical treatment, hospitalization, disability, or death
- The wood chipper lacked proper safety features such as emergency shut-off mechanisms
- You were using the equipment as intended or were a bystander
- You can provide documentation linking your injuries to the wood chipper accident
Evidence Required for a Wood Chipper Lawsuit
Successful wood chipper injury claims typically require:
- Medical records documenting the extent and treatment of injuries
- Employment records confirming work with or around wood chippers
- Maintenance records of the equipment involved
- Witness statements regarding the accident
- Expert testimony regarding equipment defects
- Photographic evidence of the machine and accident scene when available
Damages You Can Recover
Victims of wood chipper accidents may be entitled to compensation for:
- Medical expenses including emergency treatment, surgeries, rehabilitation, and ongoing care
- Lost wages and diminished earning capacity
- Pain and suffering, both physical and emotional
- Permanent disability and disfigurement
- Funeral expenses and loss of consortium in wrongful death cases
- Punitive damages in cases of gross negligence
Wood Chipper Recall Information
Several major wood chipper recalls have been issued in recent years due to safety concerns:
- January 2018: Williams Patent Crusher and Pulverizer Co. recalled all of its wood chippers due to lack of automatic shut-off mechanisms and emergency stop controls
- June 2020: Vermeer Manufacturing recalled Model WC2300XL wood chippers due to defective feed control bars that could fail to reverse the feed mechanism
- September 2022: Morbark recalled 1,000 units of their Beever M12R and M15R models due to issues with the safety pull cords failing to activate emergency stops
- November 2023: Bandit Industries issued a recall for approximately 1,500 units of their Model 90XP wood chippers after reports of feed wheel control failure
These recalls have prompted heightened awareness of safety issues throughout the industry and contributed to the growing number of lawsuits.
Statute of Limitations for Wood Chipper Lawsuits
Time limits for filing wood chipper injury claims vary by state but typically range from 1-3 years from the date of injury or discovery of injury. Some key statutes include:
- California: 2 years from date of injury
- Texas: 2 years from date of injury
- Florida: 4 years from date of injury
- New York: 3 years from date of injury
- Illinois: 2 years from date of injury
However, these timeframes can be affected by factors such as:
- When the injury was discovered
- Whether the victim was a minor
- If the manufacturer concealed defects
Consulting with an attorney promptly after an injury is crucial to ensure your claim is filed within the appropriate timeframe.
FAQs
Individuals directly injured by wood chippers and families of those killed 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.
2. What types of injuries are common in wood chipper accidents?
Common injuries in wood chipper accidents include severe lacerations, traumatic amputations, crushing injuries, and fatal trauma. These injuries are often catastrophic due to the powerful machinery involved, leading to significant medical expenses and long-term rehabilitation needs.
3. 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 damages. In cases of fatalities, families may seek compensation for funeral expenses and loss of consortium.
4. How can owners and operators ensure wood chipper safety?
Owners and operators can ensure wood chipper safety by following manufacturer guidelines, conducting regular maintenance, wearing appropriate personal protective equipment (PPE), and undergoing proper training. Adhering to safety protocols reduces the risk of accidents.
5. How long do I have to file a wood chipper injury lawsuit?
Most states impose a statute of limitations ranging from 1-3 years for personal injury claims involving wood chippers. However, this timeframe varies by state and can be affected by factors such as when the injury was discovered or if the victim was a minor.
6. What if the wood chipper accident happened at work?
If your wood chipper injury occurred at work, you may be eligible for workers’ compensation benefits. However, you may also have grounds for a third-party lawsuit against the equipment manufacturer if defects contributed to your accident.
7. How much does it cost to hire a lawyer for a wood chipper lawsuit?
Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing upfront. The lawyer only receives payment (typically 33-40% of the settlement) if they win your case or secure a settlement.
8. What safety features should wood chippers have to prevent accidents?
Proper wood chippers should include emergency stop buttons or bars, protective guards around intake chutes, reverse feed mechanisms, properly positioned control bars, safety interlock systems, and clear warning labels. Manufacturers who fail to include these features may be held liable for resulting injuries.
Related Articles:
- Table Saw Accident Lawsuit
- Ladder Fall Workplace Accident Lawsuit
- Crane & Aerial Lift Injury Lawsuit
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for wood chipper injuries. Most states only allow 1-3 years from the date of injury to file a claim, and critical evidence can be lost if you delay.
Our experienced wood chipper lawsuit attorneys offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our services
- Payment only if we win your case or secure a settlement
Don’t wait until it’s too late to seek the compensation you deserve for your wood chipper injury.
References:
- https://apnews.com/6c9185b2d4e9b573cfb1cd3053676a87
- https://www.oregonlive.com/pacific-northwest-news/2017/04/man_who_was_pulled_head_first.html