Question 3 (50 marks) The manufacturer of a saw bench intended for the home hobb

Question

Question 3 (50 marks) The manufacturer of a saw bench intended for the home hobby market, has incorporated into the bench a guard to protect the operator and supplies with the bench a comprehensive booklet and safety instructions and a pair of safety goggles for the operator. A three year old child was injured because the child approached the bench from underneath, which was not protected. Outline the legal arguments and legal precedents on which a law suit could be brought against the manufacturer (50 marks)

Explanation / Answer

Legal arguments and precedents against the manufacturer can be:

- the design of table saws were in effective as they are not designed keeping in mind safety of babies and children with height smaller then the table

- the children with height lesser than the table can pass underneath it where no protection is provided

- due to no protection below the table, children can go underneath it and it can result in harm and amputation to them.

- as even the booklet for safety instructions is provided and read carefully, the incident still happened because there was no mention of child safety of children below the height of the table

- the design should be altered to provide protection to prevent passing of children underneath the table.

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