Manhattan Institute's gripe about "SawStop" verdict, etc.

The Manhattan Institute's Point of Law (which does not provide post-specific linking) doesn't like the Osorio verdict or the impending? CPSC power saw safety rule. - GWC

First Circuit upholds $1.5M table-saw verdictPOSTED BY TED FRANK
For $1600-$3000 or so, it's possible to buy a top-of-the-line table saw with "SawStop" "flesh detection" technology—if you don't mind paying $175 every time a false positive mistaking a wet pocket in wood for flesh drives an aluminum block into the blade and cartridge. Or you can simply buy a relatively high-quality table saw for less than half that price and be more careful. Of course, if lawyers have their way, you won't have that choice: the First Circuit has upheld a $1.5 million verdict on behalf of a plaintiff who lost his finger in a cheaper saw, theorizing that the absence of the top-of-the-line technology was a product defect. The CPSC is proposing regulations that would take away the consumer choice to buy cheaper saws without flesh-detection technology, pushed in part by lobbying by the inventors of the SawStop. [Osorio v. One World Tech. via Torts Today via Torts Prof; CPSC press release; Fine WoodWorking;Overlawyered coverage of trial-court verdict]

Table Saw without `saw stop' technology defective: First Circuit

photo by FineWoodworking magazine

Carlos Osorio suffered serious hand injuries at work while using a Ryobi portable table saw.  He filed a multi-count complaint alleging negligence and breach of the seller's duty Massachusetts doctrine of implied warranty.   The First Circuit U.S. Court of Appeals in Osorio v. One World Technologies has upheld a plaintiff's verdict based on the claim that a table saw was defective due to failure to include automatic instant braking technology such as that invented by Stephen Gass - the founder of Saw Stop who lauded the verdict in a Q&A with FineWoodworking magazine.  The company has promoted its product with its famous hot dog video.

Patrick McCombe, a FineWoodworking reporter has an interesting review of the defense tactics and the plaintiff's countermeasures here.

Fine Woodworking, which has covered the Osorio case closely reports that on October 5, 2011 - the day the First Circuit affirmed the $1.5 million plaintiff's verdict - the Consumer Product Safety Commission voted 5-0 to issue an advance notice of proposed rulemaking for a new power saw safety rule. [The CPSC briefing package is HERE.]  Gass has been pressing for such a rule for 8 years.

One of the "risk utility factors" in a design defect case is the cost and practicality of the proposed alternative safer design.  This article from FineWoodworking includes a price list.  The SawStop cabinet saw commands a premium price that could make a real difference to a consumer.

After that view an ad for a SawStop portable contractor's saw which is twelve times the price of the Ryobi.
A competing designer David  Butler - a blade brake inventor - is working to adapt the technology to portable contractors saws. VIDEO HERE

10 inch professional cabinet saw

updated February 10, 2014