Cincinnati Incorporated (Cincinnati) manufactures a hydraulic press brake, a machine tool commonly used to shape sheet metal.
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While Derek Braswell, an employee of Ventaire, was operating the press, Braswell reached into the die area with his right hand to remove a jammed piece of metal. While doing so, he accidentally stepped on the foot switch, triggering the ram’s descent and crushing his right arm, which was later amputated. Braswell filed a strict liability lawsuit against Cincinnati to recover damages for his injuries, alleging that Cincinnati’s press was designed defectively. In defense, Cincinnati asserted that the press was designed properly and equipped with safety features when the press was first sold, which would have prevented this type of accident, and that the removal and disabling of the safety features was a supervening event and that it is not responsible for plaintiff Braswell’s injuries. Is Cincinnati liable in strict liability for a design defect? Braswell v. Cincinnati Incorporated, 731 F. 3d 1081, 2013 U. S. App. Lexis 19451 (United States Court of Appeals for the Tenth Circuit, 2013)
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Business Law Legal Environment Online Commerce Business Ethics and International Issues
ISBN: 978-0134004006
9th edition
Authors: Henry R. Cheeseman
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