Category Archives: Government regulation

Appeals Court, CPSC Urge Wider Use Of SawStop Technology, Says NY Woodworking Attorney

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SawStop Technology Can Save Your Fingers!

Tablesaw safety continues to make headlines and woodworkers fearing injuries should take note about the latest legal and government developments.

The question that is being asked, and I think it is a good question, is whether the government should REQUIRE tablesaw manufacturers to use safer technology when that technology is available and feasible?

Many of my friends answer “Hell no, keep guv’mint out of my business” while other friends answer “Hell yes, this is the perfect role of government to enforce safety standards to protect people”.

I have to confess that I am in the “Hell Yes” camp because unfortunately tablesaw manufacturers have historically demonstrated that they will NOT voluntarily adopt the safest technology.  Because of that, and because I see first-hand the devastating effects of bad injuries, I tend to support anything that results in fewer innocent people getting hurt.

That’s why I support past safety regulations that have resulted in much greater public safety.  Things like seatbelts and airbags in cars have resulted in fewer deaths and less catastrophic injuries.  Years ago, seatbelts were non-existent, then a rare exception.  But it wasn’t until seatbelts were REQUIRED that we widespread adoption of this safety device. No one today would argue that requiring seatbelts was a bad thing.

And that’s why I am in favor of the government requiring all saw manufacturers to adopt SawStop (or something equivalent) safety technology.

In a perfect world, these tablesaw manufacturers would build safer saws because they can and because they truly care about the safety of their customers.  However, we don’t live in a perfect world and corporate design decisions often come down to profits and the least expensive way to build a product.  Unfortunately, touting your saw as the safer saw isn’t nearly as touting your saw as being cheaper than your competition’s product.

Normally, one place where manufacturers end up paying for their decision to build an unsafe product is in the courtroom.  In the courtroom, a manufacturer who builds an unsafe product when there are safer, feasible alternatives, can be required to pay substantial verdicts.

Historically, tablesaw manufacturers have avoided liability because they have all built their saws in essentially the same way and have then banded together in the courtroom to say the way they build their saws is to the “industry standard”.  They essentially claim that this industry standard is “the best we can do because everyone in the industry does it that way”.  They then claim other designs are not feasible, or not practical, or more expensive…..

For years, the conspiracy of the table-saw manufacturers was successful in avoid liability but recently the tide turned in a very important table-saw case.

A federal appeals court in Massachusetts has upheld $1.5 million in damages to an insurance company so it could recover expenses from Ryobi’s parent company in the case of Carlos Osorio, a flooring installer who suffered a hand injury in 2005 while using a Ryobi table saw, according to Fine Woodworking magazine.

Dr. Stephen Gass, the inventor of SawStop, testified on Osorio’s behalf in the lawsuit against Ryobi, saying none of the major table saw manufacturers, including Ryobi, had adopted his safety technology. With SawStop, the blade instantly senses when it comes in contact with skin and the blade snaps out of sight before any serious damage can be done to a person’s body.

Osorio’s table saw did not have the SawStop technology and the district court, citing safety concerns, ruled in his favor based on Gass’s testimony.

The federal appeals court’s October ruling supporting the district court can be found here.

An interview with Stephen Gass, the inventor of SawStop, is here.

Also in October, the Consumer Product Safety Commission voted unanimously to propose new table saw safety standards. Read a news story about that decision here. And the actual CPSC decision is here.

I recently wrote about my experience in buying a SawStop table saw. Yes, they are more expensive, but itsn’t the safety of the woodworkers in your family worth it?

SawStop works. As I said in my last post, I encourage all of my woodworking friends in Elmira, Corning and the Twin Tiers to check out the latest in safety technology.

Please, be safe out there.  Always put safety first, even if it costs you more than you wanted to spend.

Thanks for reading.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

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With Rise In Accidents, NY Woodworking Lawyer Urges Table Saw Safety

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Woodwworkers should look into investing in a table saw from SawStop.

As an avid woodworker (my wife says too avid!) and injury lawyer who has seen way too many people hurt in way too many ways, I am always concerned about woodworking safety.

I have an uncle who is a constant reminder of what can easily happen when working in the workshop. My uncle is a good, safe, competent woodworker who is missing a good portion of a finger because of a woodworking accident that happened literally in the blink of an eye. He wasn’t doing anything unsafe and was doing what he had done hundreds of times before, but nonetheless he lost a big chunk of a finger.

In my quest for greater safety, I recently purchased a new table saw featuring a finger-saving technology called SawStop.  Essentially, this is a saw that has an incredible technology built into it that causes the whirring saw blade to be stopped in milliseconds if there is any contact between the blade and skin.

Sure, the SawStop saw costs a little bit more than other comparable table saws, but when you consider the pain, disability and whopping medical bills that result from a table saw accident, that small additional expense is chump change.

I bought my SawStop from Brian Kita of Hermance Machine Co. in Williamsport, PA. Brian was awesome to deal with and he had this to say about the SawStop saw:

We handle a lot of manufacturer’s products here, and I have to tell you, this is the only product line we carry that makes such a difference in our customers’ lives. They sell through recessions and they sell when schools have no budget money. People have come to us straight from the emergency room with bloody bandages covering what’s left of their fingers to write me a check for a SawStop. I’ve taken calls from pros angry that they need a cartridge that seemingly blew for no reason, only to have them call back and excitedly tell me that as they wrote out the purchase order, they found a small smear of blood from where they contacted the blade but never even felt it. Yeah, SawStop has something unique, and they could probably charge a whole lot more for it, but I’m grateful that they don’t.

Having now assembled my SawStop saw, I am pleased to report that not only does it feature incredible safety technology, it is also, by far, the most precision-machined, well-engineered piece of power woodworking equipment I have ever owned.

My point of this post isn’t intended to serve as an advertisement for SawStop — it is intended to reach out to my woodworking friends to encourage them to very carefully consider ALL aspects of safety, which would include consideration of the latest, greatest safety technology.

The alternative — doing nothing, using an old, unsafe table saw — is not wise. According to an October story by The Associated Press, the U.S. government says about 10 people EACH DAY lose a finger or get their hand mangled by unsafe table saws! That is remarkable!

The Consumer Product Safety Commission has started looking for ways to reduce injuries. The agency estimated there were more than 67,000 blade-contact medical injuries in 2007 and 2008, costing more than $2 billion.

Table saw makers say those numbers don’t reflect the new products like SafeSaw. So we’ll keep track of this story and watch for newer figures from the government!

In the meantime, be safe out there!

Thanks for reading.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

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PA To Ban Texting While Driving, Says NY and PA Accident Lawyer

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Pennsylvania has cracked down on drivers who text, but its ban does not go far enough.

There is more great news this week on the texting while driving front.

Pennsylvania will follow New York’s lead and outlaw the ultra-dangerous texting while driving. As lawyers who handle car accident cases in both PA and NY, we are very pleased to see this change in PA law!

See the story here.

It’s a great but late start. Unfortunately, the legislation does not go far enough! Yes, the new law, to take effect 120 days after Gov. Tom Corbett signs it, does outlaw texting while driving. But the Pennsylvania House, in an indefensible move, will continue to allow distracted driving by allowing drivers to use cell phones without hands-free devices.

In September, I wrote about New York cracking down on drivers who text. New York outlawed talking on cell phones without hands-free devices years ago! The state toughened its texting while driving law in July by increasing penalties, then in September, police agencies targeted violators, sending a message to drivers: Get your eyes back on the road!

The new law in PA makes texting behind the wheel a primary offense (just like NY), so police can pull you over for that violation alone. The penalty is $50. Police, however, will not be able to seize cell phones or other devices.

PA motorists can still talk on cell phones without hands-free devices, despite years of attempts by the PA Senate and some PA House lawmakers to outlaw it, The Associated Press reports. Nine states, including New York, have such bans.

According to AP, the bill that passed the Senate in June banned texting and talking on a cell phone without a hands-free device. But after the House approved the texting ban on Monday, House Majority Leader Mike Turzai, R-Allegheny, said that his chamber would continue to consider a ban on talking on cell phones.

Can Mr. Turzai explain why they need to CONTINUE to consider the ban on cell phones without hands-free devices? What is the argument?

The AP also said Corbett last week signed into law tougher new regulations for teen drivers, including limits on how many passengers they can carry and more stringent training requirements.

OK, drivers and passengers in Sayre, Towanda and the Twin Tiers: Should PA approve that last piece of legislation and ban all electronic distractions for drivers?

Please add your voice below in the comments section. I want to know what you think!

Thanks, Jim

__________________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607) 733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com


Wider Access To “Black Box” Data Will Change Car Crash Lawsuits In Big Ways, Says NY Accident Lawyer

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The use of event data recorders starting in 2013 will lead to big changes in car accident reporting.

Everyone has read about event data recorders (EDR) — usually called “black boxes” — that investigators find at the scenes of plane crashes. They are valuable tools for investigators in learning the exact details of what happened in the moments before and right up to the time of the crash itself.  Black box data reveals speed, braking, angle of forces, timing and a whole host of other valuable information.

My Westchester County colleague, Mark A. Siesel, recently pointed out that black box data will be more widely available in car accident cases starting in 2013. Starting in 2013, the National Highway Traffic Safety Administration will require that all vehicles capture the same data in the same format. There will also be a tool available to access all the data.This will be a huge change because it will allow a treasure trove of information to be available to those people investigating how a crash occurred.

My recent blog post on bicycles with GPS-enabled computers, coupled with the news about vehicle black boxes, provide cold, hard, objective proof of issues that historically been tough to prove — speed of a vehicle before impact, speed at impact, braking times and so on.

For now, the data from the black boxes in vehicles is not easily accessed by third parties such as insurance companies and litigants in car accident cases, even though between 65 percent and 90 percent of vehicles now made have EDRs, according to government figures from 2008.

Among the information available — the change in forward speed of the vehicle; the maximum change in speed; speed prior to impact; whether the driver applied the brake; seat belt use; the number of crashes and much more.

In New York and 12 other states (not Pennsylvania), privacy concerns led to laws requiring an owner’s permission to download the data. In New York, the owner is the person with the title to the vehicle.  Because of these laws, a vehicle owner, particularly one who felt that they might be at fault in causing a collision, could legally withhold permission to download their vehicle’s data.

OBTAINING BLACK BOX DATA QUICKLY CAN BE CRITICAL!

A big concern should be about the time limit on the access to the data. The data is only stored temporarily, for six to eight weeks of normal use of a vehicle.

This is another reason why it is critically important that injured parties promptly contact an experienced accident lawyer because there are many complex issues regarding preserving, analyzing and presenting the scientific data. Sad to say, it is never a good idea to try to perform your own brain surgery. Same goes for trying to handle your own injury case in Elmira, Corning and the Twin Tiers  ….

Thanks for reading.

Jim

_________________________________
James B. Reed
NY Car Accident Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

 

 


NY and PA Injury Lawyer: Dangers Lurk at Fairs, Carnivals and Amusement Parks

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Swailes Bailey's Terminator Matterhorn at the ...

A New York state website offers safety tips for people heading to fair, carnivals and amusement parks this summer.

Memorial Day has come and gone, and the thermometer is headed for 90 degrees today – that can mean only one thing – fair and carnival season is on the way!  Fairs and carnivals are as much a part of summer as baseball and apple pie, but they are not without their dangers. Fried food and carnival barkers trying to get you to lay down your money are the most apparent, but far from the most serious danger you will face.  The real danger is one you may not even think about; the rides.

We spend our entire lives going to fairs, carnivals and amusement parks, but never give much thought to the safety of the rides we get on.  They are supposed to be scary, right? Scary, yes, but not unsafe.

A New York State Department of Labor website, www.ridesafeny.com, has information to help ensure kids of all ages have SAFE fun this summer at the fair, festival, carnival and amusement park.

The website includes separate tips for parents and children.

Tips for parents

For the parents, they list the Top 10 Safety Tips. Here are the first five:

  1. Remember – you’re the one who knows your child best; the ride operator doesn’t. While your child may be tall enough to ride an amusement ride, it still may not be appropriate for him or her. Some children are afraid of heights, some are afraid of the dark and others have trouble staying seated. The ride attendant does not know your child – you do. Please carefully watch what the ride does before allowing your child to participate.
  2. Watch before you ride. Before you put your child on a ride, watch it first. That way, your child will know what to expect. It’s also a good idea to read the warning sign aloud with your child, and to point out the ride operator and the exit and entrance locations.
  3. Obey minimum height, age, weight and health restrictions.
  4. Don’t put children on rides they’re afraid of. Make sure your child knows not to try to get off the ride, even if he or she becomes afraid. If your child gets scared, ask if the ride can be stopped.
  5. Keep small children away from open sides. Always seat them on the inside.

Tips for kids

For children, these are among the suggestions:

  • Obey the listed age, height, weight, and health restrictions.
  • Observe all posted ride safety rules.
  • Watch the ride first, so you know what to expect. Look and see where riders are loaded and unloaded.
  • Dress for safety – secure loose clothing, jewelry and long hair. Wear closed-toed shoes or sneakers.
  • Keep your head, hands, arms, legs and feet inside the ride at all times. Don’t reach toward fences or barriers.
  • Remain seated in the ride, in the “locked and loaded” position, until it comes to a complete stop and you are instructed to exit.

The website also includes a list of state amusement parks, including Eldridge Park in Elmira and Harris Hill Amusement Park in Big Flats.

There is also information on the laws regulating parks in the state. The DOL enforces amusement ride safety across the state, except in New York City.

Before you head out for family fun this summer, make sure everyone takes a moment to be prepared. The state has provided a valuable resource that every parent should be aware of.

A few minutes could save someone in your family from a serious injury or fatality.

Thanks for reading.

Adam
______________________________
Adam M. Gee, Esq.
NY and PA Injury Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

 


NY Car Accident Lawyer Explains Why Lawsuits Can Be GOOD and Save Lives!

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'02 Monte Carlo Driver Airbag Deployment

These days, it’s popular to blame trial lawyers for almost EVERYTHING bad.  However, it’s important to remind folks of the GOOD that comes out of lawsuits that have served to make our lives safer.

Trial lawyers have helped in changing safety standards in everything from flammable pajamas that needlessly killed thousands of children to seat belt laws to safer workplaces to safer cars to safer highways….

The bottom line is  that consumer lawsuits have saved countless lives because corporate America responds to one punishment– HIT THEM IN THE WALLET AND THEY WILL RESPOND!  Sad to say but corporate engineers are constantly weighing the costs of improving a product to make a product safer versus the possible costs of lawsuits for people who are injured or killed because a less safe design was used.   Because of this cold, hard, dollars-and-cents analysis, the costs of a possible lawsuit have the direct effect of making products safer.  And that is GOOD for all of us!

A recent op-ed in the Washington Post about safer automobiles got me thinking about how trial lawyers have made a difference in all of our lives.

Gibson Vance, the president of the American Association for Justice, reminds us of the role litigation has played in improving safety for motorists. In the April 15, 2011, op-ed “How our cars got safer,” Mr. Vance said new National Highway Traffic Safety Administration (NHTSA) figures show that traffic deaths are at their lowest since 1949.

Mr. Vance observed that better technology, better regulations and better-informed consumers all made an impact, then he made this important and often-overlooked point: “History shows that litigation and the civil justice system have served as the most consistent and powerful forces in heightening safety standards, revealing previously concealed defects and regulatory weaknesses and deterring manufacturers from cutting corners on safety for the goal of greater profits.”

Rather than cave to ongoing pressure from auto manufacturers to ease regulations and limit liability, legislators must continue to hold manufacturers accountable and protect consumers’ access to the civil justice system.

Mr. Vance cites as an example the litigation that drove American automakers to universally implement safer switches on power windows. The deaths of seven children in a three-month period in 2004, killed by power windows in cars, and the litigation that followed, led U.S. automakers to change the switches from ones you push down to raise the window to ones you have to lift up to raise the window. Children no longer get trapped accidentally in the windows by leaning on the switches.

Mr. Vance also said the auto industry has, for years, “worked to undermine regulations and limits its liability by pushing for complete immunity from lawsuits when their vehicles comply with minimum federal safety standards.”

As he correctly points out, this would be DEVASTATING for consumers.

He concludes: “… Without the civil justice system, gas tanks would still explode in rear-end collisions, seat belts and airbags would not be standard, and cars would roll over onto roofs that would be easily crushed.”

An important report:

To learn more about the role of litigation in safer automobiles, read the American Association for Justice report, “Driven to Safety: How Litigation Spurred Auto Safety Innovations.” I think you’ll find it interesting, important and eye-opening reading.

Thanks for reading, Jim
_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com