Allegedly Defective Chainsaw Injures Logging Industry Veteran

Case Overview

This case involves a man with 25 years of experience in the logging industry. The man was performing work at a local park, and the client provided the man with an older chainsaw to do the job. When the man first turned on the chainsaw, it kicked back violently, cutting him in the leg. The cut was so deep that the leg had to be amputated. A chainsaw expert was sought to discuss what may have caused the accident, whether or not the chainsaw was maintained properly, and where the liability falls for this type of accident.

Questions to the Mechanical Engineering expert and their responses

Are you familiar with chainsaw models from the before the 1990s?

I am familiar with various chainsaw models, especially those made between 1976-77 when I bucked logs at a sawmill. These saws were manufactured before any safety features were included; of most interest here, a chain brake, which is designed to stop the chain in event of a kickback.

Who is typically responsible for the performance of a chainsaw - the owner, servicer, user, or some combination?

Two factors are of an issue here: improper use of the saw, and use of an old saw with no modern safety features. By OSHA standards, the employer is responsible for ensuring that workers are issued personal protective equipment and are properly trained, even if the worker is experienced at other job sites. In this case, had the employer issued a modern saw with modern safety features, it sounds unlikely that the accident would have occurred. Kickback is a common and dangerous accident that is well-known in the logging and chainsaw industry. Modern saws include a chain brake and the better saws incorporate an inertia-activated chain brake that works really well. Modern saws under a certain size are also required to be sold with a safety bar and safety chain. It sounds like the employer depended on the employee to ensure proper safety based on the employee's experience. Nevertheless, it is the employer's responsibility to ensure proper safety gear and training of the employee.

About the expert

This highly qualified expert is currently an Associate Professor in the Agricultural Center of a large state school in the South, and he has been researching logging accidents since 1992. He received his B.S. in Forestry from the University of Kentucky, an M.B.A. from Stephen F. Austin State University, and a Ph.D in Forest Products from Texas A&M University. The expert has taught logging safety since 1993 and has prior background bucking and scaling logs at a saw mill, supervising chainsaw crews, and managing contract logging operations. He has served as an expert witness in five previous cases, including a chainsaw accident that was settled quickly after his deposition.