In this products liability case, the plaintiff alleges that he was injured when he fell from about 25 feet up in a tree while installing a tree step. He asserts that the tree step broke because of the location and size of an inclusion in its steel material. The defendant manufacturers and distributors argue that the tree step wouldn’t have broken if it had been fully installed and that the plaintiff was either contributorily negligent or misused the product. But there are disputes of fact as to whether there was unforeseen use and, if so, whether that use was a proximate cause of the accident.
Motion for summary judgment denied.