As a former vice president of a lawnmower manufacturer, I faced many suits such as this. While it is a shame that the guy was injured, it was his own fault. The saw was in all probability state of the art, passed safety specs as they were written and carried all cautionary literature. The guy was carless, did not follow safety proceedures and hurt himself, period.
Any fault probably should have been laid at the feet of his supervisor for not making the guy put the safety equipment on the saw.
All of the law suits that were filed against the lawnmower manufacture where I was employed were caused by the operator's carelesness and not using good judgement when using a lawnmower. This seems to be the case here. Another case of lawsuit abuse.
Folks, law suits such as this will continue as long as there is no responsible legislation enacted to prevent this type of law suit suit. I have had more experience with this type suit than I would wish on anyone.I was vice president of a lawnmower manufacturing firm for several years and spent a lot of time giving depositions and testifying in liability suits brought against the company. Our moweres were state of the art, met all safety specifications promulgated on lawnmowers, met all specifications agreed on by the Out Power Institute of America and our quality controll was beyond reproach.
We knew every year that someone would bring suit against us. We never lost a case. We were able to prove in every instance that the injury was caused by the operator and not the machine. All were frivilous suits.
One case involved a father running over his small daughter's foot and amputating her toes. He admitted in court that he was letting the child sit on ths top of the motor of the mower while was cutting grass with a walk behind push mower. In another case, the plaintiff severed toes while pulling his mower backwards up hill, after downing a six pack
of beer. He lost.
These are just two examples of people hoping to make mega bucks because of their failure to use common sense and follow safety rules and , of course, the ambulance chasers thrive on this.
The saw that injured that person was probably state of the art when it was purchased and probably built before the safety feature was available . The saw did not reach out and grab the guy, he apparently made contact with the blade because of inattention or lack of experience. All safety instructions that I have read on any power saw emphasize safety and proper use. He just did not pay attention and injured himself. Manufacturers should not be held responsible for a person's stupidity.
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