Knife maker sued

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Gordon

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When Kershaw gut hook folder folds on his finger when useing the gut hook to slice cord:

Seavey, a 52-year-old member of one of Alaska's most successful mushing families, filed the lawsuit in state civil court in December. It was later moved to federal court and accuses the knife company of negligence. Both the blade-maker and retailer are accused of breach of warranty and misrepresentation for selling a defective product and failing to warn of potential injuries.

Big Lake musher Jake Berkowitz was serving as an Ophir race judge and talking to Seavey at the time of the accident, Berkowitz said. He saw Seavey whip his hand back as he cut into straw bales.

"You could definitely tell he was in immediate pain," Berkowitz said.

ESSENTIAL TOOL ON THE TRAIL

The lawsuit centers on the most essential of tools in a dog musher's sled. A knife offers security, said Two Rivers musher Aliy Zirkle, who carries at least three blades on the trail, including one clipped to her parka.

If a dog's leg becomes wrapped in a line or the team tangles itself around a tree, the musher must quickly cut the animals loose, she said. At checkpoints, racers use blades to slash open food bags or pry ice from frozen sled runners.

Berkowitz, the musher who saw Seavey nearly slice off his finger, was a top contender in this year's race until he cut his own hand while separating frozen fish late in the race.

Iditarod officials said the wound was too severe for him to continue.

"I don't know if I was tired or maybe it was just one of those things where it went right through (the fish) and then went right into my hand," Berkowitz said.

The cut severed an artery between his thumb and forefinger, the musher said. The hand inflated with blood as he was flown to an Anchorage hospital for treatment, he said.

Such severe knife injuries are uncommon on the race trail.

Four-time champion Lance Mackey of Fairbanks attributes the injuries to musher carelessness. "Forty years of Iditarod and you only hear of one or two people ever hurting themselves (with knives) enough to stop the race."

Seavey's lawyer, Bill Ingaldson, said the knife the musher cut himself with suffers a serious design flaw: The lever or button used to release the locking blade is near the middle of the handle and can be depressed when the gut hook is used as intended. That frees the blade to close on the user's fingers, he said.

Kershaw Knives is owned by KAI USA Ltd. of Japan. In addition to the Kershaw brand, the company also sells Shun Cutlery blades and Zero Tolerance "tactical" knives.

A spokesman for the company did not respond to a request for comment Thursday. KAI USA denied Seavey's allegations of negligence in a Jan. 24 court filing, writing that the damages he suffered were caused by "his own negligence or assumption of risk or by the negligence of others."

Seavey also could not be reached for comment Thursday. His son, Danny Seavey, said the musher was attending a family celebration.

Mitch Seavey won the 2004 Iditarod. He placed seventh this year, his 10th top-10 finish, and was joined in the race trail by his father, 74-year-old Dan Seavey, and his son Dallas, 25.

Dallas Seavey won the race, becoming the youngest champion in Iditarod history.

Dan Seavey, the mushing family patriarch, said on the race trail this year that Mitch had been on pace for a victory in 2011 before the hand injury sent him home.

"I have not a doubt in my mind that he and (eventual champion) John Baker would have been foot-racing it to Nome," Dan Seavey said.
 
So when you use the gut hook you hold the knife upside down? If he was holding the knife with the sharp edge down and it folded wouldn't that cut fingers and not the web?
Trying to picture this in my mind.
 
The court will decide if there's anything wrong with the knife, but odds are they'll settle out of court for medical and a little cash.
 
I always thought that if you handled something sharp such as a knife there was always a chance that you could cut yourself.
True..............but...........when a "lockback" is designed in such a way as to unexpectadly release the blade when used as intended...............
 
I am guessing this is the Northside Hunter folder?

Just me , but this part:
The lawsuit centers on the most essential of tools in a dog musher's sled

Most essential tool and he only spend $20 on it ?
 
When Kershaw gut hook folder folds on his finger when useing the gut hook to slice cord: ... Seavey's lawyer, Bill Ingaldson, said the knife the musher cut himself with suffers a serious design flaw: The lever or button used to release the locking blade is near the middle of the handle and can be depressed when the gut hook is used as intended. That frees the blade to close on the user's fingers, he said.
It's a gut hook, not a cord cutter. Hence, I read that as he was using the knife in a manner for which it was / is not intended, implied, nor advertised to be used.

I believe the lesson here is to use tools for the tasks which they are intended. Further, if you'll be depending on a tool in difficult activities (like long distance dog sledding), or harsh environments (like winter in Alaska) do your due diligence to ensure the tool will perform in such conditions, and that other necessary gear (like heavy mittens for protection from extreme cold) will not interfere with the safe use of said tool.
 
bad taste

I am glad to hear others outside Alaska are irritated as well. As was noted earlier, you really do need to put thought into your equipment up here and there is no way anyone should scrimp on a few bucks if they feel the equpment is not up to what they feel is appropriate. I also would not take off on a trip with a peice I had not tried multiple times.

Handling sharp instruuments is risky, especially when dealing with cold fingers, wet/slimy or bloody things that need cutting, and being tired to boot. It is an axident and with that comes the responsibility of owning up so saying "oops, I screwed up and that sucks"- then move on.

There are some amazing people in this great state and many of the mushers are very fine folks. Stories like this put a bad tast in my mouth.
 
Very confusing article . So the one guy cut his hand while cutting string on a bale of straw and the other guy was separating fish.
 
It's a gut hook, not a cord cutter. Hence, I read that as he was using the knife in a manner for which it was / is not intended, implied, nor advertised to be used.

I believe the lesson here is to use tools for the tasks which they are intended. Further, if you'll be depending on a tool in difficult activities (like long distance dog sledding), or harsh environments (like winter in Alaska) do your due diligence to ensure the tool will perform in such conditions, and that other necessary gear (like heavy mittens for protection from extreme cold) will not interfere with the safe use of said tool.

Please send that to KAI USA's legal counsel :)
 
When my fingers are cold, I don't try to use a folder. Just my preference, but I've felt like I'm safer sticking a sheath knife, with a guard.
 
Some folks shouldn't be allowed anywhere near a sharp instrument... Can't remember how many times I've cut myself (mostly very minor, thank heavens) while using one blade or another. Pretty certain, every time, it was my fault - period.
 
The knife maker foolishly did not have a label on the knife not to cut things until reading the instruction manual which should have stated that sharp things might be dangerous to your health.
 
The person cutting the fish in the story was accepting that accidents happen. He (unlike Seavey) was not trying to pass the blame on to: the knife maker, the weather forcaster for having colder weather that had frozen the fish more than usual, the state for allowing such salmon to be caught, or the ancestral dog's breeders for having had them, etc...
 
Sounds like the "musher" Seavy oughta invest in a line cutter, a fixed blade or carry a live Boy Scout to safely perform his cutting for him.

I too would guess from this poorly - though sadly standardly poor - article that he was using it hook towards him as a line cutter rather than hook away as a gut hook is intended. I'm sure the knife, the manufacturer and unfortunately, the retailer sold it as a gut-hook folder.

I hope they (Kershaw) prevail without a settlement. Settlements in cases like this simply beget more future "where's mine" settlements and before long we have paragraphs on the side of knives like we do with firearms.

Was a time, a fella was so embarrassed to cut himself with his own knife - he'd have hustled off for stichin' and kept it to himself. Of course, that would be a sign of taking responsibility or accountability for having chosen the wrong tool and then using it incorrectly.

Can't wait to see this guy on his reality show...

Where's the shame?
 
Handling sharp instruuments is risky, especially when dealing with cold fingers, wet/slimy or bloody things that need cutting, and being tired to boot. It is an axident and with that comes the responsibility of owning up so saying "oops, I screwed up and that sucks"- then move on.
That statement can just as easily apply to big game game hunts in winter, or fishing cold mountain streams in spring in the lower 48. It's just the nature of engaging in outdoor activities.
There are some amazing people in this great state and many of the mushers are very fine folks. Stories like this put a bad tast in my mouth.
I think most of us here reading the so-called article feel the same way.
 
The owner of this knife clearly failed to read the disclaimer on the instruction sheet packaged with it. I think they even print it on the outside of the box.

What boggles me is, why is this person using a folder on the Iditarod? Seems to me the only sensible thing to use would be a fixed blade with an appropriate notch/hook feature, so he wouldn't have to be fumbling to (1) take his gloves off, (2) open the knife, (3) perform the cutting task, and then, (4) fold the knife and put it away with frozen fingers. And all this while you're supposed to be in a hurry.

Too bad the guy cut himself, but it seems to me to have been a really poor choice of tool for the job. He doesn't deserve a dime from Kershaw.
 
I don't understand why he was using a knife with a gut hook.

It seems a good line cutter would be easier to use with heavy gloves on and much safer to use around dogs which need to be cut free if they tangle up the lines.
 
Knife

Any law is expected to be worded so that the most moronic fool can understand it. No one is expected to have even a dab of common sense nowadays. It is understood that a knife is a dangerous tool. Treat it like one. Neither of these folks should get a dime and should have to pay all legal and court fees.
 
If i follow the steps here its cold, the fish was frozen, knife was used inproperly, user was distracted with conversation, and most likely and idiot considering the rediculous lawsuit.

Did i miss anything? ;)
 
If i follow the steps here its cold, the fish was frozen, knife was used inproperly, user was distracted with conversation, and most likely and idiot considering the rediculous lawsuit.

Did i miss anything?
Yes, everything. The guy cutting frozen fish essentially said stuff happens, and it was my own fault I got cut.

The other guy, the guy who is suing, was using the gut hook on a folder to cut line, and the folder closed on his hand cutting him. He's the one blaming Kershaw because he was using a gut hook when he should have been using a line cutter, and, if we really wanna get deep, he was using a folder in conditions / an event where a fixed blade is really the safest option.
 
Quote: That statement can just as easily apply to big game game hunts in winter, or fishing cold mountain streams in spring in the lower 48. It's just the nature of engaging in outdoor activities.

UGAARGUY: That was what I meant exactly- knives get used in imperfect settings and things happen (anywhere). That said, I tend to carry a fixed blade a lot because it is easier when wearing gloves.

Charlie 12: Cold hands are cold hands no matter where you are! -37 is cold regardless.
 
Well, looking at a picture of the knife I can certainly see how it happened. With the gut hook facing away the sharpened edge would be up, or towards the user. The spine of the knife handle with the release would be under your curled fingers. If you gripped the handle too tightly your (middle?) finger could depress the release, unlocking the blade and allowing the sharpened edge to fold directly into the web of your hand. Ouch.

Yeah, probably should use a fixed blade, or at the very least, a frame-lock or axis-lock.
 
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