Question
Need serious help with this question please! Jason v Handy Pty Ltd Handy Pty Ltd is a company that manufactures and sells power tools used
Need serious help with this question please!
Jason v Handy Pty Ltd Handy Pty Ltd is a company that manufactures and sells power tools used by tradespeople and handypersons alike. Jason purchased one of Handy's electric saws for $200 from a Handy Pty Ltd retail store. Jason was planning on using this electric saw to cut some wood that he had purchased a week before as he intended to build a 'cubby/play house' for his young son to play in the back yard. One Saturday morning, a few days after purchasing this electric saw, whilst he was cutting some wood, the electric saw started vibrating wildly and before Jason could turn off the power the metal blade came loose and cut into Jason's left hand. The blade became loose as small metal screws holding it in place came loose and this regularly occurs due to a manufacturing design fault that has been known to Handy Pty Ltd for some time. It is also acknowledged by Jason that just seconds before this accident happened Jason had been distracted by his dog barking in the backyard. Jason's hand was cut quite severely and although the bleeding eventually stopped, Jason was taken to the local hospital to have his hand looked at. The doctor at the hospital advised Jason that Jason required 12 surgical stitches as the cut to Jason's left hand was quite deep and long. Due to the injury to his left hand Jason was unable to work for two weeks and as he had no sick leave he is claiming his lost wages of $4,000 and his medical bills of $3,000 from the manufacturer of the electric saw-Handy Pty Ltd under the law of negligence. Handy Pty Ltd has argued in response to Jason's claim that it did not actually make the electric saw product and that this electric saw was actually made overseas in China and so Handy Pty Ltd should not be held responsible.
Advise both Jason and Handy Pty Ltd as to their legal rights in relation to this legal dispute under either the law of negligence or under Australian Consumer Law principles
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