Table Saw Lawsuit Consolidation Sought in Federal Court

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Plaintiffs who have filed table saw lawsuits in different states throughout the country alleging that several brands contain defective designs and inadequate safety features that resulted in an injury, have filed a petition to consolidate the cases in one court for pretrial litigation as part of a Multidistrict Litigation (MDL).

The U.S. Judicial Panel on Multidistrict Litigation has scheduled a hearing on the motion for July 30, 2009, to review whether the cases involve sufficient common questions of fact and if the cases qualify for coordinated handling under the Federal rules.

All of the table saw product liability lawsuits charge that manufacturers and distributors acted negligently in using outdated and ineffective safety technology involving the blade guard, resulting in various injuries ranging from lacerations to severe disfigurement.

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The plaintiffs indicate that all of the cases involve table saws that were outfitted with substantially similar and defective guarding systems. The complaints allege that the manufacturers failed to include a flash-detection technology, which has been known in the table saw industry since 2000 as an alternative safety design that substantially mitigates or prevents serious injury from contact with a spinning blade. The table saws also allegedly lacked a “riving knife”, which is an inexpensive attachment that can previent a piece of cut wood from kicking back at the operator.

The table saw litigation currently involves 43 different product liability lawsuits pending in 10 different districts among 8 states. The majority of the cases, 23, are pending in the District of Massachusetts, which was suggested as the court where all of the cases should be centralized.

If the cases are consolidated in an MDL, the litigation will be assigned to one judge for pretrial proceedings to avoid duplicative discovery and inconsistent rulings from different courts throughout the United States. The procedure is also designed to conserve the resources of the witnesses, parties and the court.

Although the cases will be combined for discovery and pretrial litigation, if the lawsuits do not resolve, they will be remanded back to the district where they were originally filed for trial.

Defendants named in the table saw lawsuits include Black & Decker, Ryobi Technologies, Inc., Home Depot U.S.A., Inc., Sears & Roebuck, Co. and One World Technologies, among others.

Tags: Black & Decker, DeWALT, Home Depot, Product Liability, Ryobi, Sears, Table Saw
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8 Comments

Peter
I just had this happen to me. I am a professional Woodworker / Carpenter of some 40 years with very few incidents and no serious accidents. I had just finished a cut on my Bosch Table Saw with no problems but I must have caught the spinning blade when pulling the push stick away and it exploded, leaving a hole in my hand and shrapnel on my stomach. I was wearing safety glasses or the pieces of plastic could have gone in my eyes. In my opinion, Bosh needs to replace this item by either using a material that is more stable or not providing a push stick altogether. I am hoping I’ll be one of the lucky ones who still are able to use my hand once heeled but I would suggest if you have this stick, do yourself a large favor and throw it out.
edward
I was using a Bosch 4100 table saw . I was using a plastic push stick ripping a piece aof oak. When the push stick broke and part of it hit me in the palm of my hand. There was a lot damage to my hand. I sent the push stick to the company . So they could analyze it. In march of 2016 it was sent to them.In december 2016 i asked for the push stick back because they did not analyze it just looked at it. They said the push stick is suppose to break when it hits the blade.I talked to her today and she said she. never said that. I found a gentleman on line who in june of 2016 hand the same thing happen to him. The push stick broke and went into his palm just like mine did. the cut is in the same spot.If you put the two push sticks together you will see they broke in the same spot. His damage was not as bad as mine. It hit an artery,nerves and tendons. And after two surgeries I can not close my hand I have numbness in three fingers. This is after fifteen months.I will know January 2017 if i will need another surgery because i can’t open or close my hand fully. The saw company said there is no problem with the push stick. If any one else has had a problem with the bosch plastic push stick . Please contact me
Matthew
What if you really had a accident that was not the user fault and the saw companies knew about some device that would save finger from getting injured ? And the person injured wasn’t going for a pay day , would it be wrong for asking big companies to add this flesh technology to be the saw. Or is the flesh technology a cost factor for manufactures not to install.
Kenneth
Simply put, it is greedy ass lawyers and so called “victims” that want to get a big payday! If you really think about it, any so called “accident” usually occurs to one’s self stupidity! The individual is usually in a rush and they do make push handles to push the wood through the table saw while the saw is cutting the wood. If anything, there aught to be a lawsuit against these ambulance chasing attorneys and the alleged victims for not taking responsibility for their own stupidity! It is due to these type lawyers that bog down the legal system and they should be charged for wasting tax paying dollars for this BS! Why can’t lawyers fight real cases in court? Because they go after big companies so they will settle! These big companies should fight back with a counter suit for legal fees, court costs, pain and suffering to these companies!
William
“The complaints allege that the manufacturers failed to include a flash-detection technology….” It’s FLESH-detection technology, not flash-detection! Accuracy counts in legal matters too, right? Oh, and regarding this litigation: frivilous in every aspect.
Andrea
I live in Europe and…I can not believe what the US lawyers can do! It is ridicule ! No matter how stupid is the topic, who always get money are the layers and so it is their interest to let such things happen. Sorry to say there is no solution for US people.
Bob
When are we going to outlaw ignorance? Just because someone is stupid enough to put their fingers into a spinning saw blade is no reason to award him 1.5 million dollars. Next up is guard so intense that you can not even cut a piece of wood as the guarding will not allow you to insert anything into the path of the spinning blade. OK so how do we cut wood? Maybe lasers? Not that would not work because we might be stupid enough to let the beam go past the wood and burn off our toes. Hmm Now how do we cut wood? Your guess is as good as mine.
Tim
Hey, I’m all for improving technology and increasing safety. BUT, I have to say that these table saw injuries are simply a result of user negligence, not the negligence of the manufacturer. Lets look at the reason for the injury. Table saws come with blade guards for a reason, but they won’t stop the operator from pushing the wood with his hand through the spinning blade. I am a woodworker and safety has to be top of mind when using any power tool. There are various inexpensive safety devices to assist you in working safely. Use a push stick, keep your damn hands away from the spinning blade dummy. If you don’t know how to use the tools, read up, or get someone who does to show you. It’s that simple.

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