04-15-2010 08:43 AM
I don't understand (and didn't get from the transcripts supplied) what the "design defect" the Ryobi saw had. I believe a proper guard with splitter/pawls would have worked to prevent the kickback which caused the slip into the blade. So would have using the saw the way it was designed to be used. Heck, the saw even had the warning labels all over it saying not to do what was done (in English and Spanish).
Therefore, no design flaw. Operator + bad training + unsafe/incomplete tool = problem going to happen.
So why in the world was Ryobi sued and not the "boss"?
As for the "Saw Stop" technology not being included in every saw ... most cars don't have side airbags, 5-point harnesses and many other safety improvements that may save you from injury. Does that mean that we can sue the car companies when we get hurt because of their absence? Comme on legal-system, get real ... just because it exists doesn't mean we can afford to put it in to the product.
04-15-2010 08:45 AM
What's next? Suing Stanley because someone chopped off their foot using an axe that wasn't idiot proof? Suing Forest because their saw blade was razor-sharp? IMHO the only one culpable here was the Boss for failing to provide proper instruction and not properly equipping his equipment. The court should have dismissed this frivilous case against Ryobi, OWT & Home Depot and I'm hopeful that this ridiculous verdict will get overturned on appeal. As already mentioned here, they were only the plaintiffs because they have deep pocket sand the Boss probably has giant holes in his pockets!
04-15-2010 08:46 AM
Most everything we do can cause injuries. We are responsible for our own actions. I have had one injury on a table saw in 55 years. Caused by kick back. just a few stitches. I then bought equipment to prevent this. Lesson learned. Was not the saws fault, it was my fault. About 60 years ago I crashed on my motorcycle and had a concusion. Stupid, did I sue the motorcycle maker? Of course not if was my fault. W
04-15-2010 09:00 AM
He certainly got what he deserved. By not blaming him as much as the trainers is a way of deflecting blame away from those who deserve it. He noted the saw was having trouble. He tried to clean it and find the source of the binding. His response to the binding was to push harder. Regardless of training, pushing harder is never the answer. Regardless of safety features, pushing harder is never the answer. I hold "boss" most responsible for this but I would not require him to pay anything. I would require him to insure his workers in the future.
04-15-2010 09:02 AM
I was a construction manager in new home construction for 15 years, and I saw trade people just like this guy who sued doing the same thing that was in the transcript. I tried to encourage them to use the safety equipment and the fence and every time their come back was, it takes to long and I have lost that part and do not have it any more or I threw it away. It would make my skin crawl to watch them. I would tell them some day you will wish you would have used the saw the way it was meant to be used. They would laugh at me.
In addition, I have seen the take a circular saw and wedge back the guard, to speed up cross cuts in framing. Then turn the saw upside down with the blade still turning. I guess the next thing is circular saw companies will be next. Or rip down the side of their leg or hold it up in the air with their hands to keep the blade from hitting the dirt. I thought one day they will cut their finger or hand off. They know they should do it and that it is a risk I feel if it cuts them, it is not the manufactures fault for their total disregard for safety. Nevertheless, when it happens like many things in the world today, they want to blame someone else for the problem for it cannot be theirs. No one any more wants to take responsibility for the own actions and failures to do what is right. I see it every day. If it happens, I can sue someone or take time off with pay while I recover. It is time people need to be held accountable for themselves and their own safety. Not depend on everyone to do it for them. We stopped encourage good common sense along time ago when lawsuits became the way of life to make a quick buck. We need to return to the adage did you know you were doing it wrong then why are you so stupid, it is your fault. Oh I forgot, that is not being politically correct. I have begun to hate that phrase when I hear it. The first responsibility for safety is self. Moreover, the courts and the judicial system got this all wrong and the ramification might be more the industry can bare. If they keep it up, so do not get rid of the old hand tools we may have to go back to them again if this keeps up.
04-15-2010 09:03 AM
I have a sign on my Bobcat that says: "WARNING! This machine has no brain. Use your own." This lawsuit was stupid from the start. The tablesaw does not have a will to do injury, and if the operator is too stupid (or untrained) to use it, then it is obviously the employer's fault for letting idiots use potentially dangerous equipment. Guns are not responsible for killing people. It's the nutcase who pulls the trigger.
04-15-2010 09:16 AM
"The price of greatness is responsibility." Sir Winston Churchill
I wish the jury would have taken these words to heart. There is no GREATNESS w/o responsibility. The ever extending smothering death-grasp of the nanny state is destroying all that I love in the late great United States. From (the myth of) the spotted owl killing the U.S. logging industry, to the lies of Climategate, at every turn my desire to go quietly and privately into my Wood Shop and enjoy my time and my tools is constantly being denied me by an ever growing group of long-nosed interlopers who's only goal is to tell me what to do, when and how to do it and always to charge me more for doing it. This court decision is not only a perversion of the justice; it is yet one more denial of my private property rights and my personal freedom to enjoy the vocation of Jesus.
When table saws are outlawed...when even my private work shop becomes a beachhead in the war to destroy personal responsibility and remove yet more freedom from me (us)-something is terribly wrong!
The insanity of the current irrational growth of government interference in my (our) private life is unacceptable and can easily be beaten back by denying the governments-all of them city, state, federal our Tax dollars. John Adams said “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” The simple fact is I own a Ryobi Table Saw and have used it safely for the past decade. I have built a functional and in its own way lovely mobile workstation with the saw, my router and out feed tables that do more than I ever expected it would. I love this tool and the freedom I HAD to build it and use this wonderful technology-unimpeded by the GOVERNMENT!
The very fact that my (our) private hobby has been politicized and vilified by people with nothing better to do than attempt to destroy my rights and happiness says something very troubling about our country and the current threat to our freedoms. I never imagined some 43 years ago when I bought my first power tool that my fellow citizens would actively interfere with my private rights to enjoy woodworking. Dear God how far wrong have we gone as a nation when even the smallest of private activities (making sawdust in my Wood Shop) is under attack by the coercive power of the government?
My sincerest wish is to be left alone by the army of people who have plans for my happiness.
As H. L. Mencken once said “The road to Hell is paved with good intentions.” Can’t we all just be left alone?
04-15-2010 09:16 AM
Make something idiot proof and they'll build a better idiot.
I'm still dismayed that the jury found Ryobi at fault. His employer clearly failed to provide him a safe work environment with proper training. At least Osorio was correctly found partly at fault because he did ignore the warnings on the saw. The type of cut, tapered or straight, shouldn't be relevant. The fact that the fence and blade guard were not employed are elements that led to the injury. He simply should not have been attempting to make a freehand cut on a table saw. Maybe the warning that should be on the saw is that free hand cuts should not be attempted.
Given the testimony provided I don't see any mention of how the saw was defective. That portion of the transcript would be illuminating.
Ryobi needs to find new representation. How they could fail to show that the cause of the accident was a lack of training and a failure by the employer to provide a safe work environment is beyond me.
04-15-2010 09:25 AM
So much for apprenticeship in this country, the fault here lies with the un trained worker and the people that sent him to do a job he was not qualified to do. As a master carpenter this kind of thing appals me. I am missing a finger from a shop accident and I knew what I was doing. I can't imagine the poor people who had this man in their home and the expectation from the company owner that he be paid for what couldnt have been anything less than shoddy work. I agree that this litigation is frivolous and misguided.
04-15-2010 10:45 AM
He alone is responsible for his own action when ,(and how) he used the table saw.
We are ALL resposible for our OWN saftey in life!!.
That's just the way it is!!(or should be).!.