A father and young son are suing the maker, marketer, sender and seller of a lawn tractor that was allegedly designed in such a way so as to allow the boy's foot to come in contact with the mowing blade.
Luther Townsend and his minor son, Samuel Townsend, filed a complaint on July 10 in Cook County Circuit Court against Sears Brands LLC, Sears Holdings Management Corp., KCD IP LLC, Briggs and Stratton Corp. and Husqvarna Consumer Outdoor Products N.A. Inc.
On July 12, 2013, Samuel Townsend was operating the family's Craftsman Lawn Tractor YT3000 when an allegedly unsafe condition caused the boy's foot to be injured by the mowing blade in an unspecified way.
According to the lawsuit, the defendants either made, designed, sold, marketed or distributed the YT3000 and are each cited for failing to equip the machine with proper guards to prevent entry into the machine's moving parts during operation; equip it with a kill switch or an interlocking device; warn future operators about hazards; instruct buyers about the safe usage of the machine; use alternative designs which would have been safer.
The plaintiff, citing injury, pain and suffering, disfigurement, disability, loss of a normal life and caused his parents medical expenses.
The plaintiffs, citing product liability, the Family Expense Act and negligence, seek damages of more than $200,000, plus costs.
The plaintiff is represented by Scott E. Encher of Steven B. Salk and Associates Ltd. in Chicago.
Cook County Circuit Court case number illegible.