Can the manufacturer of a machine be sued if someone hurts themselves using it?

I’m selling a used, homemade metal shear; a big piece of machinery that cuts

metal. Could my husband the manufacturer get sued if the buyer accidentally

gets hurt.

Asked on March 3, 2016 under Personal Injury, Minnesota


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The manufacturer and the seller would both be liable if someone is injured by the product.  The lawsuit would include causes of action (claims) for negligence and strict liability.
Negligence is the failure to exercise due care (a manufacturer has a duty to produce a product that is not defective).  The seller is liable even if the seller could not have known the product was defective.
Strict liability is liability whether or not due care was exercised.
Damages ( monetary compensation) in the lawsuit would include compensation for medical bills, pain and suffering (an amount in addition to the medical bills based on the medical reports), and wage loss.

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