SE Texas Record

Tuesday, August 20, 2019

Man hits head on branch and falls off mower, sues Lowe's for mower malfunction

Lawsuits

By Shanice Harris | Aug 15, 2019


A man sues Lowe’s Home Centers after he claims product liability after his mower malfunctions. He is seeking $75,000 in damages.

Travis Ainsworth purchased a Troy-Bilt Pony 15.5 horsepower mower from a Lowe’s Home Center location in Nacogdoches, Texas in July 2015. Lowe’s is a national home-improvement company, with several locations in Texas. When purchasing the mower, Ainsworth received a new-machine warranty on the product. 

Several years later, in April 2018, Ainsworth was using the mower on some property located in Angelina County, Texas. As he rounded a tree, a low-hanging branch struck him in the head. Ainsworth was thrown off the mower and the mower’s deck and right-rear tire ran over his right leg as he lay on the ground. The mower continued to operate until it stopped a few moments later at a fence on the property. The blades caused severe injury to Ainsworth, including deep lacerations that required surgery. 

The plaintiff claims that the mower was able to continue operating once he was thrown off because its operating system was missing an extension spring. This allowed the mower to malfunction and the blades to continue moving, causing Ainsworth’s injury. Ainsworth is claiming the “Defendant failed to perform proper servicing and testing of the mower prior to its release for resale,” according to court filings. As a result, he is alleging that Lowe’s sold the mower knowing that it was not properly tested.

Ainsworth is suing for damages with claims of breach of warranties, injuries caused by theories of product liability, and implied fitness of product. All due to negligence. He says he not only suffered extreme trauma to his leg, but also mental anguish and lofty medical bills. 

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Lufkin Division of the Eastern District of Texas

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