Legal Question in Product Liability in Nevada

This morning i was working outside in my driveway using a Kobalt tools cut-off wheel that was properly attached to a pneumatic cutting tool rated at 18,000 minimum 25,000rpm max. as per the instructions i attached it securly and did a 90 second test run. I then preceded to put on my gloves and safetly glasses and other safety equipment. Well after about 20 seconds of trying to cut a rivet off, the blade desintigrated and half of it hit my ankle and caused a 4 inch laceration and instantly i was surrounded by a pool of my own blood. The impact didnt really hurt until the shock wore away.

holding pressure on it and keeping it elevated slowed the blood loss to a small river instead of niagra falls. My father drove me down to UMC medical center where i waited for about an hour until my name was called. Well after initial inspection and X-rays the doctor had to give me 5 stitches and a tetnus shot. I am wondering if i have a case here for their negligence in saying "never wear rings, jewelry or loose clothing when using machinery". and not saying "wear pants, not shorts". This whole situation has caused alot more problems with me and the bills.


Asked on 8/18/11, 5:56 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

The difficulty you face is that your claim does not rise to the level of a legitimate claim in products liability unless and until you can reasonably demonstrate that the product was defective and provided an unreasonably dangerous condition for a consumer. The obstacle you face is trying to show: 1. that it was designed or made negligently; 2. warnings were inadequate (you hinted at this); 3. it should not have been used for the purpose to which you put it, but you were not so warned; or, 4. it otherwise should not have been sold in its condition or sold to you. Additionally, the defendants in the case would surely seek to demonstrate that the failure of the tool resulted from your misuse or abuse of it, rather than a design or manufacturing or warning flaw.

Trust me when I say that pants would not have minimized your injury in the least. Cut-off wheels are not stopped by fabric, so a warning to wear pants would be pretty meaningless, wouldn't it?

As crass as it sounds, you should be counting your blessings that chunks did not penetrate your eye or your abdomen or some other very soft and sensitive area that would have resulted in a lot more damage than a lacerated ankle. You need to face the fact that accidents happen, and they are not always someone else's fault. Unless you can prove negligence by the manufacturer, distributor or retailer, you have no case, despite the awful damages you suffered.

I hope you heal quickly without any long-term disabilities and get back to your work or hobby without continuing fear of using powerful, but inherently dangerous, tools.

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Answered on 8/19/11, 4:53 pm


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