For those who have little or no faith in our jury system, take notice. Sometimes, juries get it absolutely right.

Recently, a New York jury concluded that a chemical manufacturer was not responsible (or "liable," in legalese) for an electrical worker's injuries that were sustained when he sprayed the defendant's degreaser while leaning against the top of a utility pole that he was attempting to repair, and then suffered a severe shock.

Although the plaintiff contended that the spray did not adequately warn him that the spray could conduct electricity, and threfore, that there was a risk of sustaining a shock, the defense pointed out that the plaintiff had stepped out of his protective rubber basket, and was not wearing appropriate protective gloves. In short, the jury found that the plaintiff was responsible for his own accident.

This story is yet another example of why there are so few successful defective products lawsuits.

 



Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer
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