Failure of Circular Saw–Loss of Thumb

The Incident

A 58-year-old man was using a circular saw purchased from a national retailer at his home.  He was in the process of doing some home-improvement in his backyard that required sawing of wood planks.  In the process of doing the work, he reached forward to place the saw on his workbench when the saw blade teeth grabbed the plywood of the bench and ‘kicked back.’ It moved several inches back in an instant and severed his thumb, which could not be reattached surgically.  Ultimately, investigation of the saw proved that it failed because the spring-action blade guard did not engage when the saw blade was disengaged from a cut.  Close inspection revealed that the spring that snapped the guard into place was not properly attached during manufacture of the saw.

The Result

Our attorneys engaged a power tool expert to thoroughly inspect the saw and discover the manufacturing flaw.  We sued the seller of the saw and investigated the source of where the saw came from and proved the flaw, settling the matter with them for $475,000.