TX: No Design Defect in Case of Intentional Misuse

From Friday’s Genie Industries v. Matak:

In this case, the users of an aerial lift supporting a worker 40′ in the air attempted to move

the machine. Signs on the machine and instructions in the user manual warned of the obvious danger:

the machine would tip over and the worker would fall to the ground. And that is what happened. So

obvious was the danger that although over 100,000 lifts of the same general model have been sold

all over the world, the jury was provided with evidence of only three similar accidents involving

similar AWP lifts over the past decade—none of which involved the intentional destabilization

of a fully-extended 40′ lift.  The lift cannot be said in any sense to be unreasonably dangerous.

Deborah LaFetra, of Pacific Legal Foundation, comments here.