In a lawsuit against the maker of Ryobi saws, a jury awarded Carlos Osorio a verdict of $1.5 million. In the product liability case, the jury determined that the old saw designs are defective because they do not incorporate the new technology invented in Oregon. In fact, it was a Portland lawyer who invented a way to stop power saws upon contact with flesh.
When I moved to Oregon in the 1980s, the sight of men missing fingers was not uncommon. Back then, Oregon was known more for logging and mills than Nike or Intel. Stephen Gass, a Portland patent lawyer, came up with his own invention and offered it to the big saw manufacturers in 2000. The big companies decided that customer safety was not primary, and rejected the technology. Mr. Gass and others started their own company, Sawstop, which manufactures and sells the safer saws.
Product liability cases, typically, are no fault cases. By contrast, in negligence cases, defendants argue that the injured person was at fault for his own injury. However, in product liability cases, when the user's momentary inadvertence is what makes the product dangerous, the law does not give manufacturers an out. The law says that the inadvertence of the user is precisely the reason for providing a guard, dead man's switch, or in this case, a flesh-detecting instant brake.
So, if any Oregonians out there lost their fingers in the past two years, the door is now wide open to seek monetary compensation from the manufacturers who ignored the superior safety design. A jury has found that the old designs are "defective."
By the way, even if your injury occurred on the job, you may still file a lawsuit because you would be suing the manufacturer, not your employer.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
http://www.jeffmerrick.com 503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
