Inherently Dangerous Products - A Painful Cut

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:

• the design of the machine was such that a guard should return to the closed position within 0.3 of a second;