Video Case. See “How Safe Is Too Safe?” Mike, a factory worker at XYZ Manufacturing, suffers injury to his fingers while working for XYZ. The injury occurs while Mike is operating a table saw built by ABCO Assembly. The saw was designed with a detachable blade guard assembly. The blade guard assembly would have prevented Mike’s injury had it been in place while he was using the saw, but it was detached at that time. Assuming for the sake of argument that Mike was contributorily negligent or that he assumed the risk of the injury he suffered, can XYZ use either of these defenses to prevent Mike from recovering under workers’compensation for his injuries? Suppose that Mike wants to mount a product liability suit against ABCO. Would workers’ compensation block such a suit?
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