Legal Question in Product Liability in Illinois

Products liability, saw kickback

That sounds painful!

First off, assuming this happened at work, you should have notified your employer immediately and you would have a workers' comp claim to pay medical expenses and lost time.

As to suing the saw maker (and seller) you might have a case. I handled a similar case a couple years ago, where a client started up a chain saw and it accelerated out of control, and kicked up and cut up his finger before he could reach the kill switch (he was pretty lucky, actually).

In that case, we were able to show an actual defect: that a return spring on the carb had broken, causing the throttle to go wide open.

It's not possible to tell how a "backfire" would mean there was a defect in the saw, and I don't know whether your state has what we call the "malfunction theory" as in Pennsylvania.

The main things you need to do to pursue a claim are (1) make sure the saw is kept intact, and not fixed, used, cleaned, or otherwise altered in any way; (2) consult lawyers in your area to find one who can begin the investigation.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.