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The reason the person won the lawsuit is that the manufacturers uniformly refused to implement the technology arguing that "safety doesn't sell". This is the same situation as air bags and auto manufacturers. Until they were faced with lawsuits, no auto company would adopt air bag technology. Since saw manufacturers failed to offer a safety technology that was readily available, they were held responsible. If we can't count on an industry to offer new safety alternatives as they come available, then this kind of lawsuit is an alternative.