Legal Question in Consumer Law in California

Riding lawn mower exploded

Two months ago we purchased a brand new riding lawn mower from a major home improvement chain. This morning, my uncle who is somewhat disabled was mowing our 10 acre field when suddenly the mower caught fire. Soon after he got off battered and bruised, the mower exploded. Thankfully, he did not lose his life. A fire resulted, burning about 1/3rd of the acreage. The fire department came out to extinguish the fire just before it moved to our neighbors' land. Their investigation revealed that the mower DID NOT have a spark arrester as required by CA law. They believe this would have prevented the fire. The fire investigator anonymously phoned the store inquiring about purchasing a mower and a company employee told him that spark arresters do not come with the mowers and are not required. The fire investigator marked this in his report. We were told that we probably have recourse, and as my uncle's life was put on the line, do we have a case?


Asked on 7/10/05, 11:11 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Riding lawn mower exploded

Have your uncle get medical attention. Then he should call a personal injury attorney in your locality without delay about making a claim for his injuries, he appears to have a good case. He should not sign anything or talk to any insurance company representatives until he has spoken to an attorney. Also, the mower should be preserved if possible. Remember, he must take action without delay to protect his rights.

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Answered on 7/10/05, 11:19 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Riding lawn mower exploded

Yes in products liablility all the parties in the distribution chain are liable. You have a property damage case and your uncle has a personal injury case. Call me directly at (619) 222-3504.

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Answered on 7/11/05, 12:16 pm


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