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Indiana

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TexasTowelie

(118,773 posts)
Sun Nov 4, 2018, 05:40 AM Nov 2018

Indiana high court rules manufacturers not liable when products are misused [View all]

INDIANAPOLIS — The Indiana Supreme Court has scuttled part of a lawsuit filed by a LaPorte County man who was seriously injured while using a power tool by finding that the man's misuse of the tool absolved its manufacturer from liability.

According to court records, Paul Johnson was using a mini air die grinder in 2012 to help a friend install a larger headlight in the friend's truck when the cut-off disc Johnson had attached to the grinder broke off, struck him in the cheek and eye, and eventually caused him to lose his left eye.

Records show Johnson was not wearing safety glasses as directed by the grinder manufacturer, did not use a safety guard with the cut-off disc as advised by the manufacturer and used a disc that was incompatible with the known speed of the grinder.

Nevertheless, Johnson sued the manufacturer, Campbell Hausfeld, under the Indiana Products Liability Act, alleging that his injuries were caused by a defective grinder design and a failure to warn of dangers while using the product.

Read more: https://www.nwitimes.com/news/local/govt-and-politics/indiana-high-court-rules-manufacturers-not-liable-when-products-are/article_48e3eb86-afdc-53a8-9a84-e84097c7b0c3.html

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