Muskin Co. Ltd: Case Study
1. That Shopsmith Power Tool manufactured, distributed and/or sold the
DEWALT 20-Volt Max XR Lithium-Ion Cordless Brushless Hammer Drill and Impact Driver Combo Kit (2-Tool) Model Number DCK296M2 (the “Power Tool”).
2. Plaintiff Sally Miller (“Miller”) was harmed on January 5, 2015 when suddenly a piece of object flew out of the machine and struck her in the forehead, inflicting severe and serious injuries.
3. That the Power Tool’s design was a substantial factor in causing harm plaintiff’s harm, in that a reasonable person would believe the defect contributed to plaintiff’s injuries, and was not a remote or trivial factor.
FIRST CAUSE OF ACTION
Strict Liability – Failure to Warn
1. That Muskin Co. Ltd. Manufactured/distributed and/or sold the 16 x 30 vinyl …show more content…
456456 and its component parts and constituents for sale and use by the general public (the “Pool”).
2. That the Pool was defective in its design and/or manufacture, was very dangerous and failed to carry sufficient warnings. The Pool had potential risk/side effects and/or allergic that was known or knowable in light of the scientific and medical knowledge that was generally accepted in the scientific community at the time of manufacture/distribution and/or sale.
3. On or about February 10, 2015, Plaintiff Gil Sean (“Sean”) while using the Pool in his home (backyard grass), he was brutally injured by the impact on the bottom of the Pool. The potential risks/side effects and/or allergic reactions presented a substantial danger when the Pool is used or misused in an intended or reasonably foreseeable manner.
4. That the Power Tool’s design was a substantial factor in causing harm plaintiff’s harm, in that a reasonable person would believe the defect contributed to plaintiff’s injuries, and was not a remote or trivial
DEWALT 20-Volt Max XR Lithium-Ion Cordless Brushless Hammer Drill and Impact Driver Combo Kit (2-Tool) Model Number DCK296M2 (the “Power Tool”).
2. Plaintiff Sally Miller (“Miller”) was harmed on January 5, 2015 when suddenly a piece of object flew out of the machine and struck her in the forehead, inflicting severe and serious injuries.
3. That the Power Tool’s design was a substantial factor in causing harm plaintiff’s harm, in that a reasonable person would believe the defect contributed to plaintiff’s injuries, and was not a remote or trivial factor.
FIRST CAUSE OF ACTION
Strict Liability – Failure to Warn
1. That Muskin Co. Ltd. Manufactured/distributed and/or sold the 16 x 30 vinyl …show more content…
456456 and its component parts and constituents for sale and use by the general public (the “Pool”).
2. That the Pool was defective in its design and/or manufacture, was very dangerous and failed to carry sufficient warnings. The Pool had potential risk/side effects and/or allergic that was known or knowable in light of the scientific and medical knowledge that was generally accepted in the scientific community at the time of manufacture/distribution and/or sale.
3. On or about February 10, 2015, Plaintiff Gil Sean (“Sean”) while using the Pool in his home (backyard grass), he was brutally injured by the impact on the bottom of the Pool. The potential risks/side effects and/or allergic reactions presented a substantial danger when the Pool is used or misused in an intended or reasonably foreseeable manner.
4. That the Power Tool’s design was a substantial factor in causing harm plaintiff’s harm, in that a reasonable person would believe the defect contributed to plaintiff’s injuries, and was not a remote or trivial