I finally thought of an analogy which I hope seems parallel to this case.
Let's say I buy a Honda Civic.  Nice, reasonably priced car without too many luxury features.  It has seatbelts, air bags, headlights, anti-lock brakes.  You know, standard safety equipment on any/every car in the US.
I decide to go for a drive in the country... at 11pm.  Just because I'm lazy I don't turn on the headlights (guidance= rip fence not attached); I also don't take the trouble to buckle up, or I disengage the passive restraint seatbelts. (physical= TS on ground, crouching, using hands).  And, just for kicks I floor it and close my eyes (just plain unsafe!= blade at maximum height, using hand instead of a push stick).
When I sail off the road, roll the car, and crash into something and fly through the windshield I decide to sue Honda.  
Because, it is obvious gross negligence that they didn't install FLIR (which is available and technologically feasible in a car) so I could drive in the dark without headlights, even though I shouldn't.  And they didn't install an ignition kill which should sense my seatbelt situation, even though I know I should wear it.  And they also didn't install a speed governor tied to an eye sensor to make sure my eyes are open and I'm not going to fast, which is also technologically possible (i.e. eye-tracking for disabled persons).  Wouldn't this be ludicrous?  If it were just one thing it would be stupid.  But take them all together and it is a foregone conclusion that something bad it going to happen!
Here's the thing:  I'm not advocating for the above (far from it.  And especially not regulation / government intervention).  I'm firmly on the side of:  You did dummo things with a bad result.  Don't blame the company that makes a just-fine product.  Take responsibility for your actions (or lack therof).
Now, if the TS he was using had suddenly exploded internally and thrown the blade into his hands, that is a different story.  But this thing was functioning correctly, with no product defect or malfunction.  The malfunction was with Mr. User, and mis-use of the product.
To Justinmcf:  In recounting your mistakes did you think you should sue the tool manufacturer?
Or did you think in your mind "Holy smokes!  That was stupid!  I will never make that mistake again!"