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Product Liability Update

By David R. Geiger
December 14, 2011

Trailer Manufacturer Not Liable for Negligence or Breach of Implied Warranty Of Merchantability

In Hatch v. Trail King Industries, Inc., 2011 U.S. App. LEXIS 18000 (1st Cir. Aug. 29, 2011), the plaintiff was paralyzed after a hydraulically operated drop gate on the trailer he operated fell on him, trapping him underneath. The trailer and its gate were manufactured by the defendant, in accordance with the exact specifications of the plaintiff's employer. The plaintiff sued the manufacturer in the United States District Court for the District of Massachusetts for negligence and breach of the implied warranty of merchantability (the Massachusetts near-equivalent of strict liability), alleging the trailer gate was defective and that the addition of a safety pin or chain would have prevented the accident.

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