Successful judgement in product liability case

Judge's gavel

Judgement in Neil Dickson v Makita (UK) Limited, with Neil Dickson represented by Digby Brown Solicitors. 

The below is the opening part of the judgement issued in the above case, where the pursuer was represented by Digby Brown Solicitors.  To read the full judgement, click on the link underneath paragraph [3] (opens as a PDF)

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[1] In this summary cause action, the pursuer seeks damages in respect of an injury sustained by him when he cut his arm whilst using a Makita MLT100table saw on 1 July 2013. He sues the defenders as the importers and distributors of the saw, which bears their branding.

[2] A proof took place on 11, 12 and 14 August 2015. The pursuer gave evidence and also led evidence from his partner, Joanna Turnbull, and from a Consulting Forensic Engineer, James Garry. Evidence was given for the defenders by their Technical Services Manager, Tony Coleman, and by another forensic engineer, Ronald Knak. In addition, a joint minute was lodged, effectively agreeing the medical evidence of Mr Steedman, and agreeing quantum at £1,500.

[3] The circumstances of the accident are not admitted, but I accept from the evidence given by the pursuer and by Joanna Turnbull, both of whom I accepted as credible and reliable, that the pursuer purchased the table saw in August 2011. He was using it on 1 July 2013 to cut timber for flooring which he was laying. As he was locking the so-called "guide" (or rip fence, to give its technical term) into position, the plastic handle which operates a cam attached to the rip fence, and which the pursuer was holding, broke. The consequence of that was that the pursuer's right forearm was cut by the sharp edge of the handle which remained attached to the saw. The agreed medical evidence confirms that the injury which was sustained is consistent with the accident as described, and there is no doubt that the pursuer sustained his injury in the manner which he described, and that it was caused by a broken fragment of the handle.

Click below to read the full judgement: