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Article: Inherently Dangerous Products - A Painful Cut.
- Article from:
- Mondaq Business Briefing
- Article date:
- April 7, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Drew v Makita (Australia) Pty Ltd [2008] QDC 223
An inherently dangerous product and a safe system of work were considered by the court.
In these proceedings, the Queensland District Court awarded the plaintiff in the sum of $194,454.86 for personal injuries in negligence and as a result of an alleged breach by Makita of section 75AC in Part VA of the Trade Practices Act. At the time of the accident the plaintiff was operating a circular saw manufactured and supplied by the defendant. While using it, his left hand came into contact with the exposed blade of the circular saw.
In respect of the saw Makita made the following concessions:
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