RI Man Lost Fingertip After It Was Crushed in Generator - Now Suing Generac
GoLocalProv News Team
RI Man Lost Fingertip After It Was Crushed in Generator - Now Suing Generac
According to the 17-page complaint filed this week in U.S District Court in Rhode Island, plaintiff Kenneth McGrady had purchased a Generac generator in Warwick in 2020.
The lawsuit states that on October 14, 2021, McGrady was moving the generator, and as he did, "he used his right hand to grab the frame and grasped the crossbar between the handles with his left."
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The lawsuit continues:
“As a result, [McGrady] suffered a complete amputation of his left index fingertip directly above his last knuckle. Once menial tasks such as gripping tools and buttoning his shirt now require extra effort; and will for the rest of his life.”
Recall Cited
The lawsuit said that Generac was aware of issues with the product.
“On July 29, 2021, Generac recalled more than 320,000 Generac Portable Generators, which includes the subject generator, because “[a]n unlocked handle can pinch consumers’ fingers against the generator frame when the generator is moved, posing finger amputation and crushing hazards,” according to the lawsuit.
The recall was issued in cooperation with the Consumer Products Safety Commission (CPSC).
“On November 10, 2022, the CPSC re-announced its recall, and updated the 'incident/injuries' section of the recall notice to state “[t]he firm has received a total of 37 reports of injuries, 24 resulting in finger mutations and five in finger crushing,’” the lawsuit continues.
According to the lawsuit, “The CPSC carried out an investigation and ultimately charged Generac with not reporting this potential hazard to the federal agency in a timely manner, despite having received reports of crushings and partial amputations from consumers dating as far back as October 2018 and continuing into 2020.”
The lawsuit states that according to the Commission’s findings, by the time Generac had filed an initial report with the Commission, the firm had received no fewer than five reports of consumers losing parts of their fingers while attempting to move their generators.
In an April 2023 Settlement Agreement with Defendant Generac, the Commission alleged that “despite having information reasonably supporting the conclusion that the Subject Products contained a defect or created an unreasonable risk of serious injury or death, Generac did not notify the Commission immediately of such defect or risk, as required by sections 15(b)(3) and (4) of the CPSA, 15 U.S.C. § 2064(b)(3), (4), in violation of section 19(a)(4) of the CPSA, 15 U.S.C. § 2068(a)(4).”
Generac agreed to pay a $15.8 million civil penalty in settlement of these charges.
According to the lawsuit filed this week, McGrady is bringing the case “as a direct and proximate result of the strict products liability, negligence, breach of warranties of Defendant Generac."
He is also seeking an award of punitive damages, alleging Generac’s conduct “demonstrates a malice or reckless disregard of the health safety of consumers.”
McGrady is being represented by Vincent Green of Motley Rice in Providence, in association with counsel from Johnson Becker in Minnesota.
When reached for comment, a spokesperson for Generac said "they don't comment on pending litigation."