Princeton Saw & Cutting Blade Accidents Attorneys
Zealous Representation for Injured Victims of Saw & Cutting Blade Accidents in New Jersey
Whether you are a machinist, carpenter, construction worker, gardener, seamstress, or chef, you need cutting tools. At home, you may need scissors, knives, or drills to deal with daily household chores, like cooking or hanging pictures. On the job, you may need reamers, planers, grinders, shapers, taps, dies, fly cutters, and saws, depending on your occupation. And while cutting tools are inherently dangerous, they can be deadly when they are defective or handled improperly.
When you suffer injury from using a power tool at the job or at home, you may not know who is responsible for your injury. You may wrongly assume you are responsible, but you may not have caused your injury.
If you have been injured by a saw or cutting blade while working or repairing something at home, the personal injury team at Cohen & Riechelson is here to help. Our team will take the necessary steps to hold responsible parties accountable for any damages or injuries caused by faulty tools.
For a free consultation with our attorneys to help you receive the compensation you deserve, please contact (609) 528-2596 or fill out our online form today. Clients in New Jersey have been successfully served by our legal services in Robbinsville, Hamilton, Lambertville, Trenton, Princeton, Lawrence, West Windsor, and throughout Mercer, Burlington, and Middlesex County.
Accidents Involving Saws and Cutting Blades are Common on Construction Sites in NJ
Though many people use power tools at home and even in the woodshop middle school class, construction workers use saws and other blades daily. Therefore, construction sites are breeding grounds for saw and cutting blade accidents. Unlike carpenters or home Do-it-yourselfers with hand and table saws, construction workers use industrial saws to cut concrete, metal, and wood. Concrete or road saws cut through tiles, asphalt, and brick, while chain saws make longer cuts through concrete, too, but also walls, floors, and brick. And circular saws have more range of angle cuts through the same materials. And there are many other saws for any kind of material or cut imaginable.
Mishaps Causing Saw and Cutting Blade Injuries
Saws are also responsible for injuries, such as lost digits and limbs. The most common causes of saw accidents are improper training, maintenance, or inspection. Also, negligent supervision, defects, and missing or faulty protective gear are the reason for permanent nerve damage, blindness, and death. Many saws come with guards to protect against fingers getting in the way of the blade or kickback materials flying up from the saw. In some states, safety guards on specific saws are the law, and Occupational Safety and Health Administration OSHA mandates safety protections on specific tools. Construction workers face possible saw injuries when their equipment lacks safety guards.
Injuries Particular to Accidents with Saws and Cutting Blades
Injuries, such as cuts, amputations, fractures, or death occur commonly from saws. And saw injuries may result from missing safety equipment or from defective products. But hearing loss, burns, and vision loss also occur with misused or poorly maintained equipment. Repetitive use of power tools can also cause repetitive motion injuries to workers habitually using power tools. Workers get back, hand, shoulder, and neck injuries from regular use of vibrating, jolting tools. The body parts most affected by saw accidents are hands and fingers, especially with a table or circular saw.
Importance of Safety Mechanisms to Prevent Accidents
An unprotected spinning blade without a safety guard exposes hands and fingers to amputation. Another danger is operating a table saw without a push stick that clears away the scraps from the cutting area. Failing to use the push stick or wear safety glasses while using a saw may be the result of improperly trained workers, and the consequences could be kicked back materials of wood or metal pieces flying up into a worker’s face or eyes. Dull blades can cause kickback, too, so all equipment must be regularly inspected and maintained.
Additionally, saw safety guards cover the base plate where the blade meets the sawed material to keep kickback materials from flying, dangers from jammed materials, and body parts from contact with the saw. While some operators remove the guard for some cuts on circular saws, the Occupational Safety and Health Administration (OSHA) requires safety guards on saws, specifically any power-driven, portable saw. Work site managers who fail to instruct their workers on safety requirements or supply equipment without safety guards may be liable for worker injuries.
What if the Injuries Are Caused by a Defective Product?
Defective blade guards or improperly installed blade guards are not the only way power tools injure. Construction workers and home repairers may encounter tools with frayed power cords that cause electrocution or burns from catching fire. Safety switches that malfunction may not shut down a power tool when jammed. And all equipment that is not regularly cleaned, lubricated, or checked for damage can cause injury when the machine or tool malfunctions. But some products are defective due to poor design or manufacture. The U.S. Consumer Product Safety Commission keeps consumers safe from defective products through recalls. Drills and power saws fill product recall lists.
As consumers, home repairers can check for recalls before they buy hydraulic drills, saws, or other power-driven equipment. They should also ensure their tools are cleaned, used, and assembled according to manufacturers’ instructions. Construction workers should also use equipment as instructed by trainers and managers. However, contractors, sub-contractors, manufacturers, outside vendors, or job site workers can also be responsible for saw or cutting tool injuries.
Negligent contractors or subcontractors who fail to instruct or train workers to use equipment properly or who fail to inspect or maintain tools they provide to workers or use on jobs may be liable for worker injuries. And manufacturers and vendors may be responsible for those injured by design or failure to warn defects. Tool manufacturers have a duty to sell products that are safe for their intended use. And employers must ensure they follow industry safe use practices for power tools.
Should Manufactures Inform About Defective Tools?
Tool manufacturers may place products on the market that are defective by design, manufacturing, or marketing. So, when a tool does not work as it is supposed to by design, it is defective. For example, a circular saw cuts material at different angles. If the blade becomes dislodged when making a circular cut, the product may have a design defect. But the saw may also be a manufacturing defect, meaning the materials used or assembly of the saw creates the defective blade. Now, if a circular saw should not perform certain cuts, then a manufacturer has a duty to warn consumers of that dangerous use in its marketing materials.
Building a Product Liability Claim in NJ
Defective tools that cause injuries are the subject of product liability cases against manufacturers and retailers of the product. But when accidents happen on the job, the employer may be responsible for negligent supply, training, or maintenance of power tools that injure. The work environment may be unsafe when saws are used in crowded spaces, protective gear is unavailable, or the work culture is not safety-oriented. Supervisors may not correct workers who remove saw safety guards.
Filing a Claim for Saw & Cutting Blade Injuries in New Jersey
On-the-job injuries are typically covered by workers’ compensation insurance. However, an injury caused by a defective by design, manufacture, or marketing power tool may be a third-party lawsuit for product liability. Manufacturers of defective, dangerous products may be strictly liable for injuries to product users. In other words, a user does not have to prove the manufacturer is negligent before filing a claim for injuries due to a defective product. Manufacturers may also be in breach of the warranty for their products. A manufacturer gives an implied or express warranty that products are fit for their intended use and can breach the warranty when the product does not.
And individuals, such as fellow workers or contractors that are responsible for injuries may also be liable to injured parties. Negligent supervision, training, or handling of equipment by employers, contractors, subcontractors, and employees occurs when someone breaches their duty of care to protect another from potential sources of foreseeable injury. A breach of that duty that caused harm is the core of a negligence action. This may provide grounds for a third party claim.
Get Help with Recovering Compensation for Injuries Due to Saw and Cutting Blade Accidents in Trenton and Mercer County, NJ
By speaking to a product liability and personal injury lawyer, you may discover that a manufacturer, employer, or someone else is responsible for your injury. You can be sure that the personal injury and product liability lawyers at Cohen & Riechelson will investigate who is responsible and help you recover your losses, both immediate and long-lasting, in Titusville, Willingboro, New Brunswick, Woodbridge, Hopewell, Pennington, Hightstown, East Windsor, Camden, and throughout Burlington, Camde, Middlesex, and Mercer County, New Jersey.
A personal injury award includes recovery for outlays to treat your injury and your lost income. And your pain and suffering are also compensatory damages. Contact (609) 528-2596 or complete our intake form to speak to a personal injury lawyer for your power tool injury, saw, or cutting blade accident injury claim today. We will provide you with a free consultation and discuss your options to pursue full financial damages from those responsible.