For Your Data Troja V. Dark & Decker Manufacturing Co. Illustration Brief

Troja v. Black & Decker Manufacturing Co. representative brief summary
488 A.2d 516 (1985)

CASE SYNOPSIS

Appellant consumer brought a strict liability personal injury activity against appellee manufacturer subsequently the consumer accidentally amputated his pollex spell using a saw manufactured yesteryear the manufacturer. The Circuit Court for Anne Arundel County (Maryland) granted the manufacturer's motion for a directed verdict on the defective pattern claim together with entered judgment for the manufacturer on the failure to warn claim. The consumer sought review.

CASE FACTS
The consumer contended that the absence of a security characteristic that would convey prevented the saw from running when the guard fence was non inwards house rendered the saw unreasonably dangerous, together with that the warnings provided yesteryear the manufacturer were inadequate.

DISCUSSION

The courtroom institute that the failure of the manufacturer to contain a security organisation was non an inherently unreasonable risk because the consumer offered no bear witness that his suggested security characteristic was available at the fourth dimension the saw was manufactured or that the cost of such a characteristic would non convey been prohibitive to its manufacture.
The courtroom held that inwards a strict liability case, bear witness of subsequent remedial measures was non admissible to examine culpable conduct.
The courtroom reasoned that inwards this representative the alteration that the manufacturer had made together with that the consumer sought to innovate had non been made until nearly 7 years subsequently the allegedly defective saw was manufactured.
The courtroom reasoned that this the disparity inwards fourth dimension was besides swell together with would convey the potential to divert the jury from the enquiry of whether the warnings were defective at the fourth dimension that the saw was manufactured.

CONCLUSION
The courtroom affirmed the judgment together with ordered the consumer to pay costs.

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