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Product Liability – Alleged design defect/failure to warn – Safety glasses fog, resulting in plaintiff construction worker falling from second rung of ladder from bottom – Displaced wrist fracture – Four surgeries

Mercer County, NJ

The plaintiff, in his 50’s at the time, contended that as he reached the second rung of the ladder as he was descending, he lost his footing and fell because the safety glasses had fogged. The plaintiff maintained that the defendant should have provided warnings of the danger and instructions to apply a solution that would prevent fogging. The defendant maintained that the alleged hazard was open and obvious and denied that the warnings and instructions advanced by the plaintiff should have been supplied. The defendant also pointed out that the danger of the glass fogging was not listed among the safety concerns of such safety glasses by either OSHA or any trade association.The plaintiff maintained that, although he fell a short distance, he sustained severe intrartricular fractures to the dominant wrist. The plaintiff required an open reduction and the insertion of pins and hardware, a second surgery to remove hardware and shave a portion of the ulna because of the severe pain. The plaintiff maintained that the pain and some deformity is permanent and that he will not be able to return to work.The jury found for the defendant.

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