Torts Keyed to Franklin
Liriano v. Hobart Corp.
Plaintiff worked for a supermarket and used a meat grinder in the course of his employment. The supermarket had modified the meat grinder by removing the safety guard. The grinder did not have a written warning printed on it warning against using it without the safety guard. Plaintiff lost his right hand and forearm while using the meat grinder and sued Defendant, the manufacturer of the grinder, for negligence and strict products liability for defective design and failure to warn. The district court dismissed the defective design claim and on the failure to warn claim, the jury found Defendant five percent responsible and the supermarket 95 percent responsible for Plaintiff’s injury. Defendant appealed, arguing that the failure to warn claim should have been barred as a matter of law because the manufacturer should not be liable for failure to warn when the modifications of a third party made the product unsafe.
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