There are some machines that Pennsylvania residents may use that have some inherent danger, like a table saw. Although people must exercise reasonable caution when operating such devices, they should not have to fear for their safety and should still be able to operate the machinery without injury. When injuries seem unavoidable, there may be other issues with the product that can support a product liability action in the event that a consumer sustains an injury.
One Pennsylvania consumer is pursuing a product liability based on such facts. The man was using a table saw manufactured by a Japanese-based company. Using the device severely injured him and caused him physical disfigurement.
The man claims that the injuries he sustained were the result of the company’s negligent design of the product. All table saws sold in the United States must come with a blade guard. However, this particular table saw can only execute certain cuts if the user removes the blade guard. It is then often difficult to re-install the guard.
The Pennsylvania man maintains that the Japanese company was aware of this problem and the risk it posed, but never modified the product. As a result, the man now seeks significant damages, including medical expenses, pain and suffering and mental anguish, among others.
When pursuing such actions, Pennsylvania residents must take several issues into consideration. For example, Pennsylvanians should consider how foreign-based defendants may respond to actions filed in the U.S.
There are actually a number of pre-trial motions that can be filed in order to attack the litigation. Typically, a foreign defendant may attempt to challenge jurisdiction, arguing that the particular court does not have the authority to determine the matter because the court has no personal jurisdiction over the defendant. The law typically provides that a court can only have personal jurisdiction over a defendant if that defendant has sufficient minimum contacts with the jurisdiction.
A foreign defendant may try to totally avoid liability by pursuing such a pre-trial motion. A Pennsylvania plaintiff should consider this possibility and research the most appropriate way to successfully proceed with a lawsuit against a foreign defendant in a product liability action. A Pennsylvania product liability attorney can help with this determination.
Source: The Pennsylvania Record, “Pa. consumer injured by table saw sues Japanese manufacturer Makita Corp.,” Jon Campisi, Jan. 14, 2014