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Vermett v. Fred Christen & Sons Co.8/25/2000
ook to statutory regulation. Id.
In this case, Stein testified that the press was manufactured within the guidelines of applicable safety standards, specifically ANSI, and within industry manufacturing standards. Although not "statutory" in nature, like the trial court, we find that Wysong's compliance with ANSI is a compelling factor. Additionally, we find that Wysong used reasonable care in designing its press. Stein testified that due to the press's "universal" nature, Wysong was unable to provide safeguarding for the infinite variety of uses. The dual palm system was installed for small work pieces, where an operator's hands would be close to the die area, and the employer was instructed in the safety manual to seek out additional safeguarding provisions for other types of jobs, which Wysong could not anticipate. Further, there is no showing that the press was more dangerous than an ordinary consumer would expect when used in an intended or reasonably foreseeable manner or that the benefit of having a universal machine does not outweigh the risk inherent in such design.
Ultimately, the duty is with the employer to insure that appropriate safeguarding methods are implemented. As mentioned above, ANSI B11.3 states that it is the employer's responsibility to evaluate whether a point of operation guard can be used on a particular job. As such, the duty to provide adequate point of operation safeguards was with FC&S;
We recognize that Volter v. C. Schmidt Co., Inc. (1991), 74 Ohio App.3d 36, 41, stated "we are aware of no Ohio precedent establishing, as a rule of law, that an employer's OSHA violation for failure to equip a machine with safety devices relieves a manufacturer of strict liability." Wysong is not automatically relieved of liability because FC&S;had the duty to provide adequate safeguarding. In this case, however, in addition to the duty being with FC&S;to provide adequate safeguarding, there is evidence that Wysong complied with all applicable safety and industry standards. Accordingly, we find appellants' arguments concerning negligent design not well-taken.
We further find that the press was not defective due to inadequate warning or instruction. The pertinent warnings at issue stated, "NEVER PLACE ANY PART OF YOUR BODY AT THE POINT OF OPERATION (UNDER THE RAM OR WITHIN THE DIE AREA)" and "NEVER OPERATE MACHINE WITHOUT PINCH POINTS GUARDED AND WITHOUT ADEQUATE POINT OF OPERATION SAFEGUARDING." R.C. 2307.76 states:
"(A) Subject to divisions (B) and (C) of this section, a product is defective due to inadequate warning or instruction if either of the following applies:
"(1) It is defective due to inadequate warning or instruction at the time of marketing if, when it left the control of its manufacturer, both of the following applied:
"(a) The manufacturer knew or, in the exercise of reasonable care, should have known about a risk that is associated with the product and that allegedly caused harm for which the claimant seeks to recover compensatory damages;
"(b) The manufacturer failed to provide the warning or instruction that a manufacturer exercising reasonable care would have provided concerning that risk, in light of the likelihood that the product would cause harm of the type for which the claimant seeks to recover compensatory damages and in light of the likely seriousness of that harm."
"A warning is adequate if it reasonably discloses all inherent risks, and if the product is safe when used as directed." Phan v. Presrite Corp. (1994), 100 Ohio App.3d 195, 200, citing Crislip v. TCH Liquidating Co. (1990), 52 Ohio St.3d 251, 255. Obviously, if appellant had never plac
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