In the case of Hunter v. Cole Tool & Die Co., 2023-Ohio-2131, an appellate court held that the employer was not liable under R.C. 2745.01 when the employer did not remove a safety feature on a piece of equipment.
In this case, the employee argued that the safety features were either not functioning properly or installed properly when the safety features failed to prevent an injury to the employee. In response, the employer argued that an employer was only liable under R.C. 2745.01 when the employer removed a safety feature. The appellate court agreed with the employer.
In support of its decision in favor of the employer, the appellate court explained that, to succeed on a claim under R.C. 2745.01, the employee must show that the employer deliberately removed the safety feature from the machine. The appellate court further explained that the employee did not produce any evidence that the safety feature malfunctioned, nor that the employer had any knowledge of a faulty safety feature.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.