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Products Liability Keyed to Fischer, 6th Ed.
Krajewski v. Enderes Tool Co., Inc.
Citation:
469 F.3d 705 (2007)Facts
In August 1999, David Krajewski, a self-employed farmer, ordered a set of three high carbon steel rolling head pry bars from Northern Tool & Equipment Company, which had purchased them from the manufacturer, Enderes Tool Company. On September 18, 1999, Krajewski was using one of the pry bars to repair a combine. As the sun was setting and lighting underneath the combine was poor, Krajewski removed his tinted safety glasses to better see what he was doing. He was using the pry bar as a wedge to remove a sprocket, placing it against a shaft and striking it with a metal hammer to create vibration. On the first strike, a metal fragment chipped off the pry bar and flew into his right eye. The pry bar packaging contained a warning stating “WARNING: Always Wear Safety Goggles,” and the pry bar itself was stamped with “wear safety goggles.” Krajewski admitted in his deposition that he knew there was a risk of metal chipping when hammering on tools and that this was why safety goggles should be worn.
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