safety mechanism failed

[joe0187]

What is the name of your state (only U.S. law)? Indiana

I was working on my home when the trigger safety failed to function on the craftsman skill saw I own causing me to cut off my finger. I have never taken the saw apart nor altered anything but a little electrical tape on the cord and it is not damaged in anyway. I was pulling the saw closer to me by the handle with a crow bar so I could reach it because I was standing outside the window I was framing. As I reached for the saw with my left hand the crowbar slid up and hit the trigger causing the saw to kick on which had never happened before due to the trigger safety which must be pressed down before the trigger can be pulled upward to make the saw operate. Do I have grounds for a legal case or claim?

 

[quincy]

What is the name of your state (only U.S. law)? Indiana

I was working on my home when the trigger safety failed to function on the craftsman skill saw I own causing me to cut off my finger. I have never taken the saw apart nor altered anything but a little electrical tape on the cord and it is not damaged in anyway. I was pulling the saw closer to me by the handle with a crow bar so I could reach it because I was standing outside the window I was framing. As I reached for the saw with my left hand the crowbar slid up and hit the trigger causing the saw to kick on which had never happened before due to the trigger safety which must be pressed down before the trigger can be pulled upward to make the saw operate. Do I have grounds for a legal case or claim?

When did this happen?

 

[OHRoadwarrior]

As you apparently do not have video proof of a malfunction and were misusing the equipment, I would say unless you obtain a professional expert to testify as to the switch having malfunctioned and still being in that condition, you have no claim. Further, as it appears the equipment was not properly maintained as evidenced by the taped power cord, it further weakens any case you might have.

 

[joe0187]

When did this happen?

5/31/2014. I would have to look up the exact time. wrote it down

 

[joe0187]

5/31/2014. I would have to look up the exact time. wrote it down

I haven't used the saw since the accident. Assumed I would need it for evidence and so the problem can be duplicated.

 

[quincy]

5/31/2014. I would have to look up the exact time. wrote it down

What sort of medical expenses did you have (or are continuing to have)?

Have you consulted with any attorney in your area yet?

 

[joe0187]

What sort of medical expenses did you have (or are continuing to have)?

Have you consulted with any attorney in your area yet?[/QUOTE

Trip to er, prescriptions, radiologists, anethesiologist, surgery center, surgeon, follow up exams and expect there to be physical therapy. my finger will never have the same motion, feeling or dexterity and that is the best case scenario. I have had a previous injury to my whole hand which was workmans comp. The cost to repair it that time was over 100k. I am looking into local attorneys now. just wanting ti get an idea of what to expect and what I need to take with for consultation

 

[justalayman]

so, have you tried to pull the trigger since the event?


If so and the safety lock worked;

I suspect you will be faced with an argument that you released the safety while you were improperly using the crow bar to pull the saw to you. That makes it a losing argument for you.


if it doesn't work, you will likely face an argument that by using the crowbar where only your finger should be, you damaged the safety and this is your fault




when was the last time you checked to make sure the safety even worked?

 

[quincy]

Trip to er, prescriptions, radiologists, anethesiologist, surgery center, surgeon, follow up exams and expect there to be physical therapy. my finger will never have the same motion, feeling or dexterity and that is the best case scenario. I have had a previous injury to my whole hand which was workmans comp. The cost to repair it that time was over 100k. I am looking into local attorneys now. just wanting ti get an idea of what to expect and what I need to take with for consultation

What a horrible accident, joe0187.

A very very brief search did not turn up any information on recalls of Craftsman saws due to trigger safety failures - but that doesn't mean there hasn't been one (or shouldn't be one). It could be the way you were reaching for it that caused the saw to activate, so I agree with OHRoadwarrior and justalayman that it may be difficult to prove equipment failure over human error.

Because of the medical expenses you are likely to face, however, it probably would be smart to see an attorney in your area for a review, if for no other reason than to rule out liability on the part of the manufacturer.

 

[joe0187]

I had just finished using the saw inside the house and I did have to depress the safety. the safety is a button that is on the outside of the handle and couldn't have been depressed, damaged or in any other way influenced by the crow bar. The crow bar only touched the trigger. the design of the saw makes depressing the safety a prerequisite to pull the trigger to engage the saw and there is no way both could have been done by any negligence on my part. the electrical tape is on the saw because I do maintain it. the cord sheathing showed wear so as preventitive maintenance I taped it up to be safe.

 

[quincy]

How old is the saw? Did you buy it new or used?

 

[joe0187]

How old is the saw? Did you buy it new or used?

It may be 5-8 years old. It was purchased new.

 

[justalayman]

I had just finished using the saw inside the house and I did have to depress the safety. the safety is a button that is on the outside of the handle and couldn't have been depressed, damaged or in any other way influenced by the crow bar. The crow bar only touched the trigger. the design of the saw makes depressing the safety a prerequisite to pull the trigger to engage the saw and there is no way both could have been done by any negligence on my part. the electrical tape is on the saw because I do maintain it. the cord sheathing showed wear so as preventitive maintenance I taped it up to be safe.

that doesn't answer what I asked. While you say you did have to depress the safety, quite often it isn't so much that one has to push the safety but as a matter of habit, they do push the safety since at some time in the past it did function and now it is a trained behavior so, when did you actually intentionally pull the trigger with intentionally not pushing the safety to test the safety feature?


and I take it that you have not tried it since the incident given you didn't say anything about it.


and why didn't you grab the handle of the saw once it was close enough to do so?

additionally, where was the blade guard? When the saw is not being pushed through wood, the entire blade under the plate is covered.

and if you say you grabbed it above the plate in the front where there was probably some exposed teeth of the blade, then again, your share of negligence here may outweigh any liability of the manufacturer.

 

[joe0187]

that doesn't answer what I asked. While you say you did have to depress the safety, quite often it isn't so much that one has to push the safety but as a matter of habit, they do push the safety since at some time in the past it did function and now it is a trained behavior so, when did you actually intentionally pull the trigger with intentionally not pushing the safety to test the safety feature?


and I take it that you have not tried it since the incident given you didn't say anything about it.


and why didn't you grab the handle of the saw once it was close enough to do so?

additionally, where was the blade guard? When the saw is not being pushed through wood, the entire blade under the plate is covered.

and if you say you grabbed it above the plate in the front where there was probably some exposed teeth of the blade, then again, your share of negligence here may outweigh any liability of the manufacturer.

My cousin and I had talked about the saw in the week before while working on my house. He offered to bring his also so there was one for the cut table and one where we were working. His is a craftsman also but doesnt have a safety. I have not used the saw since nor has anyone else. I was reaching for the handle when the crow bar slipped causing the saw to engage. My hand was almost directly above the saw when it kicked on. The torque of the motor and blade caused the saw to spin upward cutting my left middle finger where the nail begins. The blade gaurd was down because the saw had just been sat on the floor of home.

 

[justalayman]

The torque of the motor and blade caused the saw to spin upward cutting my left middle finger where the nail begins. The blade gaurd was down because the saw had just been sat on the floor of home.

really


blade spins up in the front, down in the back. That would make the body try to spin up in back, down in front. Physics 101.

but just for fun, I just went and got out my circular saw. It's a decent saw and as good as just about anything Craftsman has made in quite a few years and guess what:

I pulled the trigger and it didn't move... anywhere. I held it as loosely as possible so it could move but there was simply no reaction due to powering it on.





no idea what you mean about the blade guard. The blade guard is a cover that automatically covers the blade below the plate. It doesn't matter if it is setting on the floor or flying across the sky. Unless the saw is being pushed through whatever is being cut, the guard is in the "safe" position. I have no idea what you mean by it was down.