Bexiga v. Havir Manufacturing Corp.
Supreme Court of New Jersey
290 A.2d 281 (1972)
Bexiga's son (plaintiff) was injured operating a metal press, manufactured by Havir (defendant), that lacked any of several available safety devices, including a basic push-button safeguard that evidence suggested could have prevented the injury without disrupting the employer's operations. Havir argued it followed industry practice by relying on the buyer, Regina Corporation, to install compatible safeguards itself. The trial court dismissed the case, and the appellate division affirmed, finding insufficient evidence to support strict liability, warranty, or negligence claims; Bexiga appealed further.
Whether, when there is an unreasonable risk of harm to a machine's user from the absence of a protective safety device, a jury must decide the resulting questions of strict liability and negligence.