Liability for dangerous tools

davo10

If you drive a Porsche and crash on a corner, could you argue you could not turn the wheel fast enough when your foot was on the accelerator?

mrjoneill

I must say not to my surprise but on scratching the surface a bit more I find it’s a product of the PRC, badged as appearing EU .....ha ha so I can go after the vendor after all using the Liability For Defective Products Act, 1991 and the relevant EU transposed directives.:p:p:p:p:):):D

Discodog

mrjoneill wrote: »

yah that's the situation and the kickback is too fast for one to get their hands out of danger. That's my case like:D:D:D:D:D

Not true. The drill has a speed control & it is up to you to use an appropriate speed for the task. You cannot expect instructions to state the obvious. There has to be an implication that you will buy the appropriate tool & use it in the appropriate manner. Common sense dictates that a drill, that you buy because it is powerful, will have a lot of torque. If you were concerned about torque effects you could of purchased a drill with an anti kickback feature at a much higher price.

mrjoneill

Discodog wrote: »

Not true. The drill has a speed control & it is up to you to use an appropriate speed for the task. You cannot expect instructions to state the obvious. There has to be an implication that you will buy the appropriate tool & use it in the appropriate manner. Common sense dictates that a drill, that you buy because it is powerful, will have a lot of torque. If you were concerned about torque effects you could of purchased a drill with an anti kickback feature at a much higher price.

I think you get things confused here the relationship between speed and torque. The reason gears are in cars is to lower the speed to give greater torque. As for controlling the speed in this particular drill, this was limited and then again one has to consider the efficacy of using drills at very slow speed.
As for your other assumptions I believe it’s reasonable for the vendor to state the “obvious” as you so term it to the unsuspecting public. I would like to remind you this was purchased in a supermarket where there should be greater awareness of consumer safety not a hardware store where one may be dealing with trade people who would be more familiar with these issues.

Discodog

mrjoneill wrote: »

I think you get things confused here the relationship between speed and torque. The reason gears are in cars is to lower the speed to give greater torque. As for controlling the speed in this particular drill, this was limited and then again one has to consider the efficacy of using drills at very slow speed.
As for your other assumptions I believe it’s reasonable for the vendor to state the “obvious” as you so term it to the unsuspecting public. I would like to remind you this was purchased in a supermarket where there should be greater awareness of consumer safety not a hardware store where one may be dealing with trade people who would be more familiar with these issues.

You mentioned your inability to release the trigger in time. Had you of started at a low speed this would of been easier. There are lots of reasons why a drill will snag & spade end bits are especially susceptible. Drills like this are sold in supermarkets & DIY stores where many of the buyers would not be professionals. If the instructions had mentioned torque & I would not be surprised if the specification did, what would you of done differently ?

It's not as if you can avoid high torque in a powerful drill - it requires this to be able to do it's job. So you can hardly be surprised when it does what it says it will do.

mrjoneill

Discodog wrote: »

You mentioned your inability to release the trigger in time. Had you of started at a low speed this would of been easier. There are lots of reasons why a drill will snag & spade end bits are especially susceptible. Drills like this are sold in supermarkets & DIY stores where many of the buyers would not be professionals. If the instructions had mentioned torque & I would not be surprised if the specification did, what would you of done differently ?

It's not as if you can avoid high torque in a powerful drill - it requires this to be able to do it's job. So you can hardly be surprised when it does what it says it will do.

Drill manual states drill speed should not be changed while in use.
And as you state it’s the tail piece of the spade bits that has the propensity to snag.
As for the rest.... have being using drill for years without difficulty, my last one was rated 750 W and I used for years without issue and did not expect or was aware that power drill “kickback” could cause injury nor did the vendor or mnf indicate this.

Discodog

Snagging is caused by the bit jamming due to a combination of the choice of bit & material being drilled. Neither of these are under the control of the drill manufacturer. In both threads you seem determined that the manufacturer is at fault & it would seem that few agree with you.

ResearchWill

Discodog wrote: »

Snagging is caused by the bit jamming due to a combination of the choice of bit & material being drilled. Neither of these are under the control of the drill manufacturer. In both threads you seem determined that the manufacturer is at fault & it would seem that few agree with you.

I would agree with you. For the OP to prove that the drill was either faulty or had a design flaw he will need an expert report to show same. It's not as simple as saying I used drill got injured now pay me. It will be required to have a medical report to show injury and a report to show drill used correctly was at fault.

mrjoneill

ResearchWill wrote: »

I would agree with you. For the OP to prove that the drill was either faulty or had a design flaw he will need an expert report to show same. It's not as simple as saying I used drill got injured now pay me. It will be required to have a medical report to show injury and a report to show drill used correctly was at fault.

That goes without saying for one to make a claim one must suffer loss and as for the validity I think you should read the full thread “in that a devices sold to an ordinary consumer and in normal usage should not cause injury”. Using a spade drill-bit is normal usage.

Discodog

There are lots of "injury lawyers" that operate on a no win no fee basis. If you have a good case then why not contact them ?

ResearchWill

mrjoneill wrote: »

That goes without saying for one to make a claim one must suffer loss and as for the validity I think you should read the full thread “in that a devices sold to an ordinary consumer and in normal usage should not cause injury”. Using a spade drill-bit is normal usage.

I read the full thread, the OP has only stated he used the drill correctly there is no evidence other than his word that this is correct. I only advised what the OP would require for a case.