How to Determine if the Bandsaw was Defective?
Manufacturers and store which sell defective bandsaws can be held liable for your injuries
Learn more about your options for compensation by calling (213) 389-3765.
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 Accidents OSHA 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.Complete a Free Case Evaluation form or call (213) 389-3765 today.
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.