On 2007-06-30 04:09:00 +0100, Matty F said:

On Jun 30, 12:36 pm, Andy Hall wrote:
On 2007-06-30 00:59:27 +0100, Matty F said:

The operator was not misusing the tool, it
simply was dangerously defective, and had been recalled in the US six
months earlier than the accident. Not enough effort was made to notify
buyers of the sander in New Zealand.

He was misusing the tool because he was not wearing the correct type of
eye protection. Had he been doing so, the injury would not have
arisen,.

The tool did not fall apart because it was being misused.

I didn't say that it was. I said that the injury resulted because the
tool was being misused.


It fell
apart because unsatisfactory materials were used in its construction.

Probably true, but that was not the cause of the injury. Whether or
not the tool fell apart, he should have been using eye protection
according to the manufacturer's instructions.


That is why all of the sanders have been recalled to replace the
faulty part.

A sander with a broken component is not a lot of use. However, this
does not detract from the user not following the instructions. Had
he done so, he would not have lost an eye. There were no other
reports of serious injuries and it is highly unlikely that there would
be from a small component from a sander.




Initially, on the Fair Go TV programme, a Makita executive refused
point blank to offer any compensation whatsoever for the loss of an
eye.

Quite rightly so. The customer had not used the tool in accordance
with the maker's instructions.

Makita have since compensated the one-eyed man with an undisclosed
amount. They at last came to their senses.

I am quite sure that that was a PR exercise - that would be the only
basis of "coming to senses". Frankly, the guy didn't deserve to get
anything. Clearly, the government body involved didn't either, or it
would have mounted a prosecution.


But rather too late for
people with long memories like me.

I doubt whether they will lose too much sleep over that.