When someone is injured by a dangerous or defective product, they may be entitled to monetary compensation through a Virginia product liability lawsuit. Virginia product liability cases can be complex, as there are several different types of claims that can be brought. In a recent product liability case, the court discussed how a plaintiff’s incorrect use of the product that caused their injury can defeat a plaintiff’s claim.
The Factual Scenario
Per the court’s recitation of the facts, the plaintiff owned a product called a die-grinder that the defendant manufactured. The grinder came with an instruction manual, describing how to safely use the tool. The manual warned users to always wear safety glasses when using the tool and to only use attachments that were rated above 25,000 RPM (revolutions per minute). The manual also warned users to only use the cut-off attachment if a safety shield was installed on the tool. The tool wasn’t equipped with a safety shield, and nowhere in the manual did the manufacturer inform users where to obtain a safety shield.
The plaintiff was assisting a friend with a project that required the use of the grinder’s cut-off wheel attachment. The plaintiff attached a cut-off wheel that was rated at only 19,000 RPM to the tool, which was not equipped with a safety shield. The plaintiff was wearing prescription glasses at the time, which he thought to be sufficient protection.