Legal Question in Product Liability in Georgia

Thumb amputated with Circular saw

I purchased a high end saw from a nationwide home imp chain. The saw was a return and was marked down. I did not get an owners manual with it.

A few months later, i was cutting a board and the saw ''kicked back'' and cut off my right thumb. The digit has been reattached and prognosis looks good so far. (the incident happened 2 weeks ago). I am not in the construction business, I am in the computer field.

Personally, I feel that the saw should not have been sold without the manual, to allow me to read about risks and precautions, second, I believe the saw should not have kicked back the way it did.

Is there a case here?

Asked on 8/27/03, 7:12 am

3 Answers from Attorneys

W James Moore MOORE & HAWTHORNE, LLC
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Re: Thumb amputated with Circular saw

I am sorry to hear about your unfortunate incident. I am currently litigating a similar case where my client's pinkie was amputated using a Skil circular saw.

It sounds as though you may have a case of products liability. However, these cases are often difficult and can be expensive to prove. Where did you purchase the saw? Who is the manufacturer? How long had you owned the saw? How many times had you used the saw prior to the incident where you cut your hand. The manufacturer and retailer will both argue misuse, assumption of the risk and contributory negligence on your part.

I would be interested in discussing this case more with you. Please give me a call at (404) 877-9181 or email me at wjm@mooreandhawthornelaw.com

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8/27/03, 5:37 pm
Jim Hough Thomas J. Hough, Jr., P.C.
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Re: Thumb amputated with Circular saw

Without specific research, which I have not done at this writing, I can not answer the specific question of whether the fact that the saw was sold without a manual affords you any rights. Before doing the research additional question would have to be answered, in my opinion. Questions such as: Did the saw come in the original packaging? Did you ask for a manual? Was the saw sold "as is"? Had modifications been made to the saw?

Beyond the manual issues, were there any warnings on the saw itself regarding use and possibility of "kick back"? Had the saw been fitted with an anti-kick back device? If so, had it been disabled?

All of this said, I feel there is a case worthy of further discussion and investigation.

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8/27/03, 8:37 am
Allen Broughton Allen L. Broughton, P.C.
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Re: Thumb amputated with Circular saw

You very well may have a case, and your injury is certainly sufficient. If you would like to learn more about me, please see my web site www.atlantatriallawyers.com. If you would like to discuss your potential case, please call me at 4040-842-7700. Thanks and good luck.

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8/27/03, 10:08 am

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