Indiana high court rules manufacturers not liable when products are misused

[TexasTowelie]

INDIANAPOLIS — The Indiana Supreme Court has scuttled part of a lawsuit filed by a LaPorte County man who was seriously injured while using a power tool by finding that the man's misuse of the tool absolved its manufacturer from liability.

According to court records, Paul Johnson was using a mini air die grinder in 2012 to help a friend install a larger headlight in the friend's truck when the cut-off disc Johnson had attached to the grinder broke off, struck him in the cheek and eye, and eventually caused him to lose his left eye.

Records show Johnson was not wearing safety glasses as directed by the grinder manufacturer, did not use a safety guard with the cut-off disc as advised by the manufacturer and used a disc that was incompatible with the known speed of the grinder.

Nevertheless, Johnson sued the manufacturer, Campbell Hausfeld, under the Indiana Products Liability Act, alleging that his injuries were caused by a defective grinder design and a failure to warn of dangers while using the product.

Read more: https://www.nwitimes.com/news/local/govt-and-politics/indiana-high-court-rules-manufacturers-not-liable-when-products-are/article_48e3eb86-afdc-53a8-9a84-e84097c7b0c3.html

[mahatmakanejeeves]

1. I just bought my first angle grinder.

It's a similar tool. Mine is electric, not air, and it is not made by Campbell Hausfeld. I can't speak specifically about the product in the suit.

The air grinder came with a 20-page instruction manual. The first half of the manual consists solely of safety warnings. Not until you get to the second half is the usage of the grinder discussed. Even then, the instructions are interrupted every three or four sentences with another warning.

The person at the store said that the the grinder could be used as a cut-off tool. He was wrong. The instructions specifically state not to do that. If you tried anyway, you'd find that a cut-off wheel can't be secured to the arbor, unless you come up with some unapproved method of doing that.

My regular glasses have polycarbonate lenses, and I wore a face shield over them. I was working in close quarters, and I have to tell that you that this is a freaky tool. A four-and-a-half inch grinding wheel turning 10,000 rpm a few inches away from your face and your carotid and femoral arteries will reinforce the notion that this is no time for kidding around.