Bowling v. Heil Co.
Supreme Court of Ohio
511 N.E.2d 373 (1987)
Bowling was using a dump truck made by Heil (defendant) when, after dumping gravel, the truck bed wouldn't descend. Trying to fix it, Bowling crawled underneath the raised bed to reach the pump valve's control lever; moving the lever caused the bed to fall and kill him instantly. Bowling's representatives (plaintiffs) sued Heil under strict products liability for a defective product. The jury found Bowling had been contributorily negligent but had not voluntarily assumed any risk. The trial court awarded full damages, but the appellate court reversed and reduced the award to account for Bowling's contributory negligence.
Whether a plaintiff's contributorily negligent conduct provides a defense to a defendant in a strict products-liability case.