I do not work for a company but was breaking down some piles of wood for personal home construction. While I was working, the hammers wooden handle broke and the tip of the hammer snapped and hit me in the forehead. I ended up with concussion and lost a lot of blood.
How much do you really expect to get from such a suit? A few hundred dollars? Is it worth spending half a day in small claims court with a good possibility that if you win they will appeal the judgment? You have to show the hammer was defective and you were using it for what it was built to do [why would you be using a hammer and not some other tool?]. I do not think any judge would believe that the wooden stock broke in half.
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