$1.7 Million for Worker's Loss of Arm in Industrial Shredder

Outcome: Settled

Description: An employee working as a materials handler at a box-making factory attempted to unjam an industrial shredder which was part of the plant's recycling system, although he had not been trained or authorized to do so. He erroneously attempted to re-install the access door plate of the shredder while the shredder's blades were still turning. While he was doing so, the plate slipped; his arm was caught in the shredder and was flayed by the turning blades. Working with two local attorneys and multiple experts, MALIS|LAW was able to use Massachusetts product liability law to demonstrate that the worker's injury was something that a reasonable product manufacturer and seller of the industrial recycling equipment could expect in an industrial environment, and that their failure to incorporate a safer door design and safety interlocks which would not allow the shredder to be operated while guards were displaced was unreasonable. The case was the first major significant settlement result against the manufacturer, who had successfully avoided significant payouts in 5 prior claims based on the same theory of liability. It also represents the largest payout for a similar loss of body part in the region.