Products Liability Law Reporter
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Defective design of chainsaw power switch
June/July 2021Richard Miller bought an electric chainsaw from the Harbor Freight store in Bonita Springs, Fla. The product allegedly malfunctioned, injuring Miller.
He sued Harbor Freight Tools USA, Inc., which manufactured and distributed the chainsaw, alleging claims for strict liability and negligence. The plaintiff claimed that the defendant’s chainsaw—specifically, its power switch—contained a design defect that caused it to turn itself on spontaneously even when in the “off” mode, which in turn caused the machine’s cutting blades to operate at full blast. Suit also alleged that the defendant had actively concealed the defect, issued an inadequate and mostly secret recall, and provided false packaging representations.
The plaintiff and defendant agreed to settle for an undisclosed amount.
Citation: Miller v. Harbor Freight Tools USA, Inc., No. 2:20-cv-00784-JLB-NPM (M.D. Fla. Nov. 18, 2020).
Plaintiff counsel: AAJ member Marcus W. Viles, Fort Myers, Fla.
