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

UPDATED: Mar 3, 2016

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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 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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