It had to happen - 50 lawsuits are pending!

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heathicus
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Post by heathicus »

rkh2 wrote:Here's something interesting about how the person who initiated this lawsuit was using the equipment which caused the injury. I believe that this case will be appealed by the manufacturer and the award should be not granted, as after reading this article, is sure appears to me that this individual was not following any safety methods and was lucky that he didn't get injured worse than he did. I can't believe he actually did what the article says he did.

http://blogs.popularwoodworking.com/edi ... ahoo!+Mail

:eek: :eek: :eek:

Wow.
Heath
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dusty
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Post by dusty »

rkh2 wrote:Here's something interesting about how the person who initiated this lawsuit was using the equipment which caused the injury. I believe that this case will be appealed by the manufacturer and the award should be not granted, as after reading this article, is sure appears to me that this individual was not following any safety methods and was lucky that he didn't get injured worse than he did. I can't believe he actually did what the article says he did.

http://blogs.popularwoodworking.com/editorsblog/Court+Documents+Osorio+Wasnt+Using+The+Guard+Or+Rip+Fence.aspx?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+PopularWoodworking+%28Popular+Woodworking%29&utm_content=Yahoo!+Mail
Reading this just reaffirms my personal belief that this lawsuit should NEVER have been allowed into court.

The blade is much too high.

There were NO safety devices being used.

He was attempting to freehand on a table saw.

He was not properly postured to make a safe cut (kneeing on the floor in front of the blade).

He ignored a warning that something was not right (the chattering).

He went back a second time, after being warned, to repeat the attempt without making any changes.

No rip fence and no miter gauge - why? For the purchase price, he probably didn't get those.

I wonder, just how many of the table saw accidents, for which there have been court awards, are similar in nature. If this doesn't get overturned, there shall have been still another travesty of justice.
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Dusty
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JPG
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Post by JPG »

Some other 'interesting' factors emerged! The 'victim' was a hispanic 'learning english'.

The purchaser of the saw was asian. How good was his english? Was he the one directing the victim?

The 'victim' had a background that probably did not include 'manual arts'.

He intentionally removed the rip fence.

In addition to applying pressure towards the blade in line with the cut, he was applying pressure towards the side of the blade(to feed the workpiece into the slanted blade).

He 'removed' debris from previous cuts from the table after the first attempt.

????? Where did they find the mental dwarfs who sat in the jury box?:confused:

I agree with Dusty that if this survives the appeal process a travesty of justice will result!
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shipwright
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Post by shipwright »

UNBELIEVABLE!!!!

Paul M
Paul M ........ The early bird gets the worm but the second mouse gets the cheese
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