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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. Although the manual miter saw can be used more slowly than the power saw, it can still accurately cut simple angles and 90-degree angles. The power saw is still preferred by many because it’s both time-saving and 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.
The U.S. Consumer Product Safety Commission (CPSC), recalled over 22,000 Robert Bosch mitersaws in 2012 due to the possibility of the lower guard breaking into the blade. Both users and bystanders were at risk of being lacerated.
Legal And Civil Rights
Miter saw users and owners need to be familiar with the local liability laws. All tool manufacturers, including miter saws such as DWS779 or DWS780 are legally responsible for ensuring that their products are safe for intended users.
To recover damages for injuries sustained by miter saw users who have been injured by a defective product, they can file a lawsuit against their saw manufacturer.
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.
It will be recorded all facts, including the make and model of the mitersaw used, the type and damage caused by the accident and the guards (if any), that were used at the time.
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 settled by the manufacturer following a court trial. Settlements can be either a lump sum amount paid to an individual or over time payments, as agreed by both parties.
Let’s take for example a former bricklayer whose left hand was crushed in an accident with an electric mitersaw while making miter saw projects. He demanded 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. It is crucial to hire a competent accident lawyer. They conduct an investigation to collect every detail about the accident.
Conclusion
It is helpful to know that there is a time limit within which the court proceedings for compensation complaints should begin. The statutes of limitations in the United States vary from one state to the next.
Tragic miter saw accidents can 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.
