In product liability cases, defendants will often try and shift blame for any injuries onto the plaintiff. For example, a manufacturer of an allegedly defective product will say it was the plaintiff’s carelessness that caused his accident, rather than any negligence on the manufacturer’s part.
Thurmond v. Federal Signal Corporation
The U.S. 11th Circuit Court of Appeals in Atlanta recently threw out a product liability lawsuit on just that basis. The plaintiff in the case of Thurmond v. Federal Signal Corporation worked for the City of Loganville, Georgia. The plaintiff and one of his coworkers were tasked with repairing a sewer cleaner known as the Vactor 2013, which is manufactured by the defendant.