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$950,000 • Machine Guarding
A landscape employee used his foot to kick branches into the mouth of a wood chipper, causing him to lose his foot.
Against a strong argument of assumption of a clear risk of harm we were able to show that the in-feed shut was too short and the defendant knew that severe injuries including amputations were occurring around the country. Rather than recall and retrofit its product, the manufacturer chose to simply offer a modified shut for sale. MD&L was able to obtain substantial communications to and from the manufacturer from sources other than the manufacturer/defendant despite its contention that no such records existed.
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