Woman injured by defective lawnmower receives 1.8 million dollar verdict against retailer Wal Mart
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Posted by
Cal WarrinerAugust 30, 2006 10:09 AMA woman seriously injured when she jumped from a riding lawnmower received a 1.8 million dollar jury verdict. The lawnmower, manufactured by bankrupt Murray and sold by Wal Mart, was designed so that its blades would not spin if the driver's seat was not occupied and would stop spinning during operation if the driver's weight left the seat.
The plaintiff apparently thinking the lawnmower was about to tip over, jumped from the seat and tumbed down a hill followed by the lawnmower complete with spinning blades. Obviously the safety brake on the blades did not function as warranted or intended.
Despite Murray's bankruptcy Wal Mart stood financially responsible since it sold the defective product. This case is a prime example of how retailer liability equitably and fairly prevents consumers, injured by defective products from corporate bankruptcy protection.
Bankrupt companies and those who produce defective products enjoy a common theme. They both are poorly or corruptly managed.
Since such companies are far more likely to end up financially insolvent, it is just to spread the financial burden of injuries caused by defective products to those in the chain of commerce.
My hat is off to West Virginia for resisting big business' attempts to eliminate retailer liabilty in the name of tort reform.