Earlier in November, a written opinion was issued about an Indiana product liability case discussing whether a plaintiff’s incorrect use of the product is a complete defense for the manufacturer. The court held that a plaintiff’s misuse of a product can be a total defense if it is proven by the manufacturer.
The Factual Scenario
According to the court’s opinion, the plaintiff purchased a rotary tool powered by air that was manufactured by the defendant. The tool included an instruction manual, outlining the proper use of the tool. Among other matters, the tool’s directions informed users to always wear safety glasses when using the tool; not to only use the cut-off wheel attachment if the safety guard is secured into place; and, only use attachments that are rated for a minimum of 25,000 RPM (revs per minute). The tool did not come with the referenced safety guard and the instruction manual did not inform users where they could obtain one.
Evidently, the plaintiff was helping a friend with a project that required the use of the cut-off attachment. While doing so, the plaintiff wore eyeglasses, which he believed would be adequate protection. In addition, the tool did not have a safety guard installed and the cut-off wheel attachment he was using was rated for only 19,000 RPM. The cut-off wheel attachment subsequently broke and struck the plaintiff in the face, causing serious injuries including the loss of his eye.