Will power tool makers’ liability change?

November 6, 2011

While the Consumer Product Safety Commission’s possible requirement for table saws to include flesh-sensing technology appears likely to be implemented, the extent to which product liability exposures will increase remains to be seen.

“I don’t think it’s going to increase litigation,” said C. Barry Montgomery, partner at Williams Montgomery & John Ltd. in Chicago and co-chair of the law firm’s commercial litigation practice. “It’s going to be an issue with respect to whatever the standard is,” said Mr. Montgomery, who represents manufacturers of power tools.

If the rule becomes mandatory, “manufacturers are going to have to comply with it,” he said. “I’m sure there will be lots of commentary and discussion before it becomes a standard. It’s a long process.”

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