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Thursday, February 04, 2010
Third-Party Sale Puts Product Maker In Court For Accident Liability
The New Jersey Supreme Court ruled Tuesday that the manufacturer of a machine, that was involved in an industrial accident, can be held liable even though that manufacturer is in the United Kingdom and has no presence in New Jersey or the U.S.
An article on the LAW.COM web site states:
"Justice Barry Albin, writing for the 5-2 majority, said that given the nature of modern international commerce and New Jersey's long-arm rule, there is no reason why a foreign manufacturer cannot be held liable, even if it has barely any contact here."
The accident happened in 2001 and involved the loss of four fingers in a recycling machine.
There were two dissenting judges in the 5-2 decision. The articles reports:
"In her dissent, Hoens said there needs to be more of a nexus to New Jersey than a product just ending up here. 'Repeated quotations and soaring language about the realities of the global marketplace might compel the casual reader to follow what appears to be the majority's relentless logic,' she said. 'But those rhetorical techniques cannot mask the fact that the majority today embarks on a path that stretches our notions about due process, and about what is fundamentally fair, beyond the breaking point.'"
Read the entire article here.
An article on the LAW.COM web site states:
"Justice Barry Albin, writing for the 5-2 majority, said that given the nature of modern international commerce and New Jersey's long-arm rule, there is no reason why a foreign manufacturer cannot be held liable, even if it has barely any contact here."
The accident happened in 2001 and involved the loss of four fingers in a recycling machine.
There were two dissenting judges in the 5-2 decision. The articles reports:
"In her dissent, Hoens said there needs to be more of a nexus to New Jersey than a product just ending up here. 'Repeated quotations and soaring language about the realities of the global marketplace might compel the casual reader to follow what appears to be the majority's relentless logic,' she said. 'But those rhetorical techniques cannot mask the fact that the majority today embarks on a path that stretches our notions about due process, and about what is fundamentally fair, beyond the breaking point.'"
Read the entire article here.
Labels: Industrial Safety, safety regulations, workplace injuries
posted by Steve Hudgik |
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