Most people are aware of the dangers associated with using certain power tools. Even when used as intended, these products can inflict injury upon a user. A Pennsylvania man who was hurt while using a table saw is a good example of this. Following the incident he filed a products liability lawsuit against the manufacturer of the saw alleging:
- Breach of implied warranty
- Strict liability
The incident that prompted the lawsuit occurred in January 2012. The man’s fingers were seriously injured when while using the saw, the blade hit them. In the lawsuit, the man said those injuries resulted in mental anguish, physical impairment and physical disfigurement. He is seeking damages for future medical expenses, disfigurement, pain and suffering, lost wages and metal anguish.
A component of the man’s lawsuit involves the allegation that the manufacturer’s design did not incorporate safety technology that is available. The man alleges that had the technology been utilized, his injuries would have been much less serious or, in the alternative, he may have avoided injury completely.
Most people expect that they will not be injured by a product if they use it as intended. When an injury does occur, as is illustrated here, a civil lawsuit may be a good course of action for the injured individual.
Source: The Penn Record, “Pa. consumer injured by table saw sues Japanese manufacturer Makita Corp.” Jon Campisi, Jan. 14, 2014