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Posted Dec 3rd, 2011
If a neighbor borrows a handtool and is injured by it, can the owner be liable for negilence, strict
liability or product liability.?

Additional Details:
We assume there could be strict liability if the owner knew it wasn''t safe to use but loaned it
anyway. We assume it could not be negligence as the owner didn''t harm the borrower. The borrower
injured himself. We assume the product liability would kick in if the product was shown defective.
Legal Topic Area: Personal Injury in WA | 3 Answers

1st Answer

Product liability would not apply because you are not a merchant of hand tools. Negligence would only apply if you knew that it was broken and or dangerous and loaned it out knowing that.

Law Firm of Kevin Cortright Personal Injury Attorney in Murrieta


Answered on Dec 3rd, 2011 at 8:24pm


Other Answers

Our legal system typically imposes liability for money damages only upon a showing that a person was negligent (i.e., failed to use due care) or somehow intended to bring about an injury or damage to another.

The doctrine of strict liability imposes legal responsibility for injuries sustained by or as a result of an actor's conduct, whether or not the actor used reasonable care and regardless of the actor's state of mind. Strict liability cases are limited to certain narrowly-defined areas of the law, including the following:

  • products liability
  • ultrahazardous activities
  • care of animals
  • certain statutory offenses

Products liability suits are probably the most familiar strict liability cases. These include claims for injuries resulting from the defective design or manufacture of consumer products. A plaintiff need not show that the manufacturer was negligent in designing or manufacturing the product; a successful plaintiff need only show that the product was in fact defective in design or manufacture, rendering it unreasonably dangerous and the cause of injury.

Strick liability of product liability would not apply to the owner of a tool unless the owner was also the manufacturer.

This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.


Answered on Dec 23rd, 2011 at 12:45pm

The only way the owner would be responsible is if he loaned the tool in a defective condition and the owner knew or should have known about the defect. Otherwise, there is no claim if there is no fault on the part of the owner. If the handtool itself had a design defect, then a potential product liability claim could be made against the manufacturer. These are difficult claims and typically only worthwhile pursuing if the damages or injuries are severe.

Steven A. Schwartz

Attorney/Partner

JOEL H. SCHWARTZ, P.C.

One Washington Mall, 16th floor

Boston, MA 02108

(617) 742-1170

(800) 660-2270

(617) 250-2072 fax

sas@joelhschwartz.com

www.joelhschwartz.comAnswered on Jan 9th, 2012 at 1:34pm