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The tillers/cultivators in question were made in China and sold at Ace Hardware, Lowe’s, Amazon.com, Blain’s Farm and Fleet, and some Army & Air Force Exchanges between October ’22 – April 2024. The purchase price was $129-179. No injuries have been reported in connection with the recalled product thus far. The company has received a single report of incorrect attachment of the lower part of a cordless tiller/cultivator. Consumers have been asked to stop using these products and call Craftsman at (855) 237-6848 between 8 a.m. and 6.pm on weekdays or visit the Craftsman recall page. The company will provide new assembly instructions. The company is also contacting those it knows bought the product to give them instructions. This recall is similar to an earlier recall in May of Walk-Behind Leaf Blowers and Vacuums and Tow-Behind Leaf Vacuums, which also posed laceration risks.
If you’ve already been injured, you may want recourse, not simply new assembly instructions. It’s important to talk to our experienced product liability lawyers about your legal options. When you’ve been injured by a defective product, it may be appropriate to pursue damages against the manufacturer by filing a product liability lawsuit. These lawsuits are pursued when a product is defective in terms of its manufacturing, marketing, or design. In this case, since the assembly instructions were flawed, it’s possible that the court could find a marketing defect. Often defects must be proven with the assistance of expert witnesses.
Liability in these types of cases are established using theories available in the state where the lawsuit is filed or establishing a statutory violation. Theories may include negligence, strict liability, breach of warranty, and breach of contract.
Recalls often give consumers instructions on repairs and replacements and provide warnings to them. Meanwhile when a manufacturer fails to issue a recall, a government agency like the California Product Safety Commission (CPSC) may issue one itself. Under some circumstances, a recall can serve as evidence of a defect or causal link between the product and the harm suffered. However some courts do not accept recalls as evidence. Liability can vary greatly depending on the situation, which is why it’s crucial to seek legal counsel if you were injured.
If you or a loved one were injured by tillers/cultivators, whether those made by Black & Decker, or by another manufacturer, you should call the seasoned Chicago-based product liability lawyers of Moll Law Group. Our firm represents injured people around the country. Please complete our online form or call us at 312.462.1700.