Posted on May 06, 2009
It was recently reported that a Manhattan, New York building owner settled the negligence and personal injury claim brought by its handyman after his hand was crushed in the building's trash compactor. According to the worker's lawsuit, someone from the building or the trash compactor service company disabled a safety feature on the compactor that was  designed to prevent the compactor from working while its loading door was open, and while someone's hands (as occurred in this case) were exposed.

Interestingly, this case was seemingly cast as a straight negligence case rather than a defective products case. And the reason is relatively straightforward: the accident was not caused by any apparent defect in the product; rather, it was caused by someone's misuse of the product.

 

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