Barclay Damon
Barclay Damon

Claim for inadequate warning denied

A ready mix concrete supplier was sued by a concrete finisher when he suffered third-degree chemical burns on his knees.  He underwent skin grafts on both legs and spent twelve days in a burn unit.  He claimed that the concrete supplier failed to provide adequate warnings of the hazards associated with its product, but a jury sided with the supplier and returned a verdict in favor of our client following trial.

The plaintiff claimed that the supplier was liable for his injuries under a products liability failure to warn theory.  He claimed that he limited masonry experience and was unaware of the hazards associated with ready mix concrete.  During the trial, he established that the only warnings issued by the supplier  were contained on the delivery ticket, which was presented after the load had been delivered and the plaintiff had been working in the concrete for several hours.  We proved, however, that our client complied with generally accepted industry practices in delivering the hazard warnings and that the plaintiff held himself out as an experienced concrete worker who should have been knowledgeable of the dangers.

The jury rejected his claims and found that our client was not liable. 

 

 

For More Information on Barclay Damon's Torts & Products Liability Defense Practice Area:

Matthew Larkin

p: 315-425-2805

f: 315-703-6247

icon_emailmlarkin@barclaydamon.com

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