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Torts keyed to Best
Barry v. Quality Steel Products, Inc.
Citation:
820 A.2d 258 (Conn. 2003).Facts
Plaintiffs were employed as carpenters and working on a job involving placing shingles on a roof. They were elevated on a platform, designed by Defendant, which collapsed resulting in their injuries.
Defendant’s instructions on the product suggest using sixteenpenny nails to attach the brackets; whereas, Defendant’s introduced evidence that Plaintiffs used eightpenny nails to attach brackets. It could not be determined, however, which size nail was used on the specific brackets a involved with Plaintiffs’ fall.
Expert testimony was introduced by Defendants that employer failed to use proper OSHA fall protection; however, an independent investigation by OSHA concluded the employer did not violate its recommendations.
Through the jury’s interrogatories, it found the brackets sold by Defendant were defective, unreasonably dangerous, and the proximate cause of Defendants’ injury.
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