A workman, constructing a chicken roost, was striking a series of six-inch nails with a hammer.


One of them fractured when struck, in such a way that it did not bend first, but fractured at the tip. The broken piece flew off and took out the workman’s eye. One interesting aspect of the case was that the plaintiff was hitting similar nails for a long period, and they were fracturing in the same manner until one piece finally struck his eye, causing the serious injury. Expert testimony established that the nail was defective because of the existence of non-metallic inclusions, the use of unsafe alloys, and improper hardening techniques.

About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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