Woodworking equipment is used by hobbyist, professionals and institutions alike, but what happens when these products are defective? Injuries caused by defective woodworking equipment can be serious. If you have been injured while using a bandsaw know your rights, read the following article. For additional information contact our Product Defect Law Firm. (888) 649-7166
How to Determine if the Bandsaw was Defective?
Determining whether a bandsaw is defective requires expert knowledge. A qualified expert can do the conduct appropriate testing in order to determine whether your product is defective. Testing metals, safety guards and other related information is critical to assessing whether the product is defective.
Legally a product is considered defective when it fails to perform in the manner intended either by the manufacturer or the consumer. If the bandsaw failed to perform in the manner it was designed, it can be considered defective. A product is considered defective if it has a design flaw, manufacturing defect or fails to warn of prospective dangers.
Learn more about your options for compensation by calling (888) 649-7166.
A design defect occurs when the entire design of the product is flawed. Defectively designed products are flawed at the time of inception. When the manufacture put together the prototype, which is the basis of all subsequent models, there was a deficient design element. In such cases it is not necessary that the actual product be made available. Rather any identical model of the product will be sufficient. When a product has a design defect, the manufacturer is charged with the duty to disclose or recall the product to avoid future injuries. Manufacturers who have knowledge of the issue must inform consumers. If they fail to do so they may be liable for both civil and punitive penalties.
Manufacturing defects do not necessarily apply to all products, but rather apply to a single item. If a product is manufactured improperly by fault of the employees, or manufacturing process it is a manufacturing defect. Unlike design defects, manufacturing defects may require that the actual product be available and introduced as evidence. That is why it is critical to keep the product in its post injury position. DO NOT attempt to correct the defect until our inspectors and experts have reviewed the product.
Labeling defects essentially deem a product defective for failing to inform users of potential issues. Examples can include failing to warn of a cutting angles or other foreseeable uses.
If you have been injured make sure you have an expert review the product. Your attorney will have experts in the field who can correctly asses the issue.
Bandsaw Guards – OSHA Standards to Prevent Workplace Bandsaw AccidentsOSHA laws require that a bandsaws have guards to protect against injuries. It is required that bandsaws be properly guarded and that the blades be guarded. It is also required that bandsaw wheels be enclosed in order to avoid injuries.
Bandsaws must also provide tension control devices to properly protect against injuries from saw breakage issues caused by blade tension.
Who is liable for Bandsaw injuries:
California law holds liable any commercial seller in a defective product lawsuit. Commercial sellers include any merchant involved in the sale of the product. This includes retailers, distributors and manufacturers. You can also hold liable component manufacturers for selling defectively made parts.
When band-saw blades break serious injuries can result. Generally these blades are designed to withstand high degrees of tension, but when manufacturers use low quality metals, they can break under tension.
What if I was partially at fault?
You can still recover, even if you were partially at fault. California law permits division of fault equal or proportional to that of each party. While your ultimate settlement will be proportionally reduced, you will still be entitled to a settlement.
Bandsaw Injury Lawsuits
If you have been injured in a bandsaw accident contact the bandsaw injury attorneys at Downtown L.A. Law for a free case evaluation. Our offices offer free consultations at no cost to you and will evaluate the case and even offer a second opinion if you are already represented.
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Free Case Review 24/7 You Don't Pay Unless You Win
By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 am PST - 9:00 pm PST). This is so that we may reach you as soon as possible in order to consult on your potential case.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.