ABSTRACT

This chapter illustrates case study of the plaintiff, Mr Greenman who brought an action for damages against the retailer and the manufacturer of a Shopsmith, a combination power tool that could be used as a saw, drill and wood lathe. After seeing a Shopsmith demonstrated by the retailer and studying a brochure prepared by the manufacturer, he decided he wanted a Shopsmith for his home workshop, and his wife gave him one for Christmas in 1955. The authors’ interest lies in the fact that the jury heard substantial evidence to show that the design was defective. In concluding his judgment Justice Traynor said: To establish the manufacturer's liability it was sufficient that plaintiff proved that he was injured while using the Shopsmith in a way it was intended to be used as a result of a defect in design and manufacture of which plaintiff was not aware that made the Shopsmith unsafe for its intended use.