A confounding scenario for manufacturers in product liability litigation often arises when an employee is injured while using a powerful piece of equipment in a manner that is contrary to his instructions and training, as well as basic common sense. It should be easy for the equipment manufacturer to escape liability in such a scenario, but it isn’t. In such cases, the employer often has immunity under the worker’s compensation exclusivity bar, and the manufacturer of the machine that injured the worker is the de facto prime target of the plaintiff.
Despite what ostensibly appears to be clear misuse, assumption of risk, and even recklessness, such cases may present a challenge for manufacturers due to the complex nature of product liability laws and the limitations on defenses that are applicable in the workplace setting. This article will explore this conundrum and offer thoughts and suggestions regarding the best way to approach the defense of such actions.
