Throttle Triggers Chain Saw Recall

STIHL, Inc. of Virgina Beach, VA has recalled the STIHL MS 361C chain saws (C-Q version) after receiving three reports of the throttle trigger sticking. Fortunately, no injuries have been reported.

STIHL said the throttle trigger may stick after it has been released by the operator, which may cause the engine to continue running at a speed that drives the saw chain. posing a risk of a laceration injury to the user or a bystander. The recalled chain saws have a rear-handle activated chain brake (C-Q version) and have an orange top casing, gray base, black handle and “STIHL MS 361C” printed in an orange circle on the side of the unit. The CPSC is advising consumers to stop using these chain saws immediately and to return them to an authorized STIHL dealer for a free repair. For more information concerning the recall, consumers can contact STIHL at (800) 610-6677 or visit their website at www.stihlusa.com.

Product liability is something that any manufacturer, wholesaler, small business owner, or retail outlet can possibly face. Product liability simply happens when a product is sold that is defective, dangerous, or otherwise not up to the standards and expectations of the consumer. Responsibility can be put on anyone through the chain of distribution, and it doesn’t have to be filed by the consumer who directly bought the product. At one time, only the purchaser could successfully file these claims, but now anyone can typically file, even if they weren’t the one who purchased it. These kinds of cases are handled by state laws and sometimes commercial law – there aren’t federal laws pertaining to product liability.

A product is considered defective if it is unreasonably dangerous, does not carry sufficient warnings, or the manufacturer fails to provide complete and adequate instructions for use of the product. Every year thousands of consumers are injured by defective or faulty products. The results are often serious, sometimes deadly. Consumers need to be extra vigilant in protecting themselves against injury from faulty products and should periodically review product recall lists available from the Consumer Products Safety Commission.

We expect the products we purchase to be designed and manufactured in such a manner that they are safe. We also expect that the manufacturer will provide reasonable warnings of product dangers and recalls. Many times corporations will attempt to recall a defective product, but this is usually done after there has already been significant harm or damage. Unfortunately, not all manufacturers comply and serious injuries or death occur. Then, a defective product lawsuit may be necessary to compensate an innocent victim, alert the public about the dangerous product, and create an economic incentive for the manufacturing company to produce safe products and provide sufficient warning of the dangers of their products, ultimately resulting in the saving of lives.

Mark Bello has thirty-three years experience as a trial lawyer and twelve years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Lawsuit Financial Corporation which helps provide legal finance cash flow solutions and consulting when necessities of life litigation funding is needed by a personal injury plaintiff. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice Pac member of the Michigan Association for Justice, Business Associate of the Florida, Tennessee, and Colorado Associations for Justice, a member of the American Bar Association, the State Bar of Michigan and the Injury Board.