The denial of summary judgment on the design defect claim was affirmed, as plaintiff's expert's averments that the ladder at issue was defective and unreasonably dangerous because its design included feet that were prone to wear and tear and to slip out, raised issues of fact as to whether the ladder was defectively designed and the proximate cause of plaintiff's injuries. The defendant's mere compliance with minimum industry standards is not a shield to liability, but, at most, is some evidence to be considered.
The denial of summary judgment on the failure to warn claim was affirmed, since plaintiff's expert raised issues of fact as to whether the ladder's warnings failed to identify the foot slip-out danger or instruct the user of proper methods to mitigate the danger.
Alicea v. Gorilla Ladder Co., NY Slip Op 01960 (1st Dep't March 19, 2020)
Here is the decision.
