18.05.2015

Manufacturer not responsible for intentional misuse

The Supreme Court of Texas has ruled in favour of an aerial lift manufacturer in a case of intentional misuse of a Genie push around lift. The six to three split decision reversed the original jury decision and the following confirmation by an appeals court.

The decision stated that: “A product manufacturer is not liable for a design defect unless a safer alternative design exists and the defect renders the product unreasonably dangerous—that is, its risks outweigh its utility”. The court confirmed that the jury would normally rule on such a case based on the facts, but that it becomes a legal issue when reasonable minds cannot differ on the risk/utility balance.

The case concerned a Genie AWP40S push around lift, owned by the Cathedral in the Pines Church in Beaumont, Texas, which is used to reach the ceilings of its buildings. The church contracted Gulf Coast Electric to run fibre optic cables in the ceilings of the church. It also allowed Gulf Coast employees, James Boggan and Walter Matak, to use the lift to carry out the work.

Initially, they used the lift as instructed, positioning it under the work area, and then deploying the outriggers before raising the platform to the work. Each time they needed to move the lift, they lowered the platform, Matak stepped out of the platform, the jacks were then raised and the lift was pushed to the next location. The jacks screwed down and Matak got in to the platform and raised it to the work.

John Adams, a church employee watched the two men and suggested that the work would go faster if Matak were not lowered each time the lift needed to be moved. He suggested that the jacks could be raised a few inches, to allow the lift to be moved, and then the jacks lowered again when in position.

When Boggan expressed reservations about this method, Adams reassured him that he and the other church employees did it “all the time" (while they had done it before, it was never with a man in the fully elevated platform). Boggan attempted to follow Adams’s suggestion, but after he raised two of the jacks with Matak in the fully raised platform, it suddenly tipped over and crashed to the floor. Matak died of massive injuries to his head.

His family subsequently took legal action against all those involved. The original jury found that a design defect caused the accident and apportioned responsibility 55 percent to Genie, 20 percent to the Church, 20 percent to Gulf Coast, and just five percent to Matak.

Genie appealed the decision and the court of appeals held that there was legally sufficient evidence to support the jury’s decision. Genie was then given leave to petition the Supreme Court.

The Supreme Court found that with 100,000 AWP lifts in use and only three similar incidents reported, it could not be argued that the machine was unreasonably dangerous. It then considered suggestions on a safer design and while it did not fully agree that no safer design could be found, it ruled that those suggested to the court posed other risks, or destroyed the machines utility.

The court also stated that even if the manual had not been read, or decals paid attention to, the risks from misuse was so obvious that no one at the base could have believed that raising the jacks with a man in the fully elevated platform would be safe.

To see the full conclusion and ruling of the court click here: www.txcourts.gov/media/962837/130042.pdf

Vertikal Comment

Thank goodness that common sense eventually won out in this instance, however the costs of fighting this case, which would have been substantial - to say the least - will almost certainly not be covered, leaving Genie seriously out of pocket, even though the court found in its favour. There is no question that the death of Walter Matak is a tragic one for his family, friends, co-workers and employers. However if we are apportioning blame, then it clearly lies with those in the church at the time, including, sadly, Matak himself.

Interestingly the original jury decision apportioned no blame on James Boggan or the wiseacre bystander John Adams – both of whom will surely never forgive themselves. Boggan will have to live for the rest of his life with the guilt of not having dismissed the stupid corner cutting suggestion, even though he had clear reservations. And worse still Matak allowed himself to be put at risk and has paid the ultimate price. Perhaps they should have insisted that Adams show them how his efficiency method worked from the platform, before putting themselves at risk?

Hopefully by highlighting this case others might think twice before being persuaded to cut corners by some all-knowing bystander.