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A drop saw, or miter saw, is an indispensable tool for carpenters. It can be used to cut precise straight or angled vertical cuts on small boards, moldings, or lumber. The manual version of a miter saw is slower than the power saw, but can accurately cut simple angles as well as 90-degree angles. However, the power saw is preferred by many as its a great time-saver and very efficient.
Miter saws can be extremely useful and efficient and have many carpenters whose fingers were cut by them. It is estimated that around 400,000 people go to the ER each year with injuries from power tools.
In the year 2012, the U.S. Consumer Product Safety Commission (CPSC) recalled more than 22,000 Robert Bosch miter saws, as there was the risk of the lower guard breaking and coming into contact with the blade. This posed a risk of laceration to both users as well as bystanders.
Legal And Civil Rights
Miter saw users and owners need to be familiar with the local liability laws. Manufacturers of all tools, includingmiter saws like are DWS779 and DWS780, are legally responsible to bring out products that are safe for the intended users.
Miter saw users subjected to injuries caused by a defective product are legally eligible to file a lawsuit against the saw manufacturer to recover for the damages caused.
Civil Complaints Regarding Personal Injuries
A civil lawsuit or complaint is filed against an injured individual or company, and not against the government. It alleges that the injury was caused by their negligence or carelessness.
In a personal injury lawsuit, the complaint identifies the plaintiffs. In the case of the amiter saw accident, the manufacturer is identified. It describes the problem with the mitersaw and details the compensation sought by the plaintiff.
All the facts, including the model and make of the miter saw used, the type of blade used in the saw at the time of accident, the guards on the saw (if any), problem with the saw, occurrence of the accident, the damage caused and everything that the plaintiff (the individual) will attempt to prove in the court of law, will be noted.
Investigation and Settlement
Based on the complaint, a thorough investigation will take place. The majority of cases can be resolved by a manufacturer settlement agreement. Others are based on a judgment after a court trial. Settlements can be either a lump sum amount paid to an individual or over time payments, as agreed by both parties.
Lets take the example of a former bricklayer, whose left hand was mangled in an accident involving an electric miter saw whilemaking miter saw projects.He asked for million in punitive damages. The court ruled that the award was excessive and recommended a reduction of compensation to million.
Another case involved a worker gluing wood floor pieces and using a miter saw for cutting the pieces to fit. One such cutting session saw him making a straight cut of two inches from a long piece. His right hand was resting on the carriage handle, and his left hand was still underneath the blade. He fell. He suffered injuries and was taken to hospital. The miter saw that he was using was found to be in good condition.
Although we don’t have all the details in these cases, the verdicts show that you can legally sue the manufacturer of the mitersaw that caused the damage to the civil court. Hiring a good accident lawyer is important. They perform their investigation, to gather every single detail of the accident.
Conclusion
It is helpful to know that there is a time limit within which the court proceedings for compensation complaints should begin. In the United States, the statutes of limitations differ from state to state.
Unfortunate miter saw accidents happen in the thousands. These accidents can cause debilitating injuries and even lead to life-altering consequences. Knowing your civil rights and legal rights can help you get the compensation you need, as well as bring the miter saw makers to justice.
