Component Manufacturer Has No Duty to Warn re Hazards of Completed Product

By Gerard Panaro, WSTDA Legal Counsel

Under New York law, which says that a component manufacturer cannot be held liable to an injured employee for the failure of the owner and assembler to post warning signs which the component manufacturer is in no position to know are necessary, the manufacturer of a clevis pin slip hook had no duty to warn the ultimate user of its hook of the dangers of using the hook in conjunction with overhead lifting, a federal district court in New York held in Beneway v. Superwinch, Inc., 216 F.Supp.2d 24 (N.D.N.Y., 2002).

The plaintiff was a mechanic and driver with Associated Delivery Service, Inc. ("ADS"). ADS specialized in delivering and maintaining golf carts. The carts were delivered in a tractor trailer with a 600 pound steel ramp. The ramp was held in place with a winch manufactured and sold by one of the defendants, Superwinch. The winch was installed at the top rear inside edge of the trailer, near the doors, by the company vice president. The clevis pin slip hook was manufactured by another defendant, Kulkoni, Inc., to Superwinch’s specifications. The blueprints which Superwinch provided to Kulkoni for the manufacture of the hook stated, "DO NOT USE FOR OVERHEAD LIFTING."

The plaintiff was rendered a paraplegic when he opened the doors of the trailer and the ramp fell on him. The accident was caused by slack that developed in the wire rope and that allowed the hook manufactured by Kulkoni to work free from the D-ring in the center of the ramp. The hook which Kulkoni manufactured for Superwinch had an open throat unprotected by a safety latch. The ramp remained upright, held in place by the trailer's rear doors, until the plaintiff opened the door and the unsupported ramp fell and injured him.

The plaintiff sued Superwinch and Kulkoni for negligence, products liability, and breach of warranty. Superwinch sued the plaintiff’s employer, ADS. Superwinch and Kulkoni moved for summary judgment (dismissal before trial). The court granted Kulkoni’s motion, ruling that under New York law, as a component manufacturer, it had no duty to warn the plaintiff.

In New York, the elements of a failure to warn claim are: (1) a duty on the manufacturer's part; (2) to warn of dangers from foreseeable uses; (3) which failure proximately caused harm to the plaintiff. As already noted, under New York law, a component manufacturer cannot be held liable to an injured employee for the failure of the owner and assembler to post warning signs which the component manufacturer is in no position to know are necessary. Absent proof that the component designs were defective or that the parts were wrongfully manufactured, or that the component part manufacturer was aware of some inherent danger in the design of the ultimate product, the courts will not impose liability on a manufacturer of specialized parts of a highly technical machine, particularly when, as in this case, the parts were created in accordance with the design, plans and specifications of the owner and assembler of the unit.

The court noted that the clevis hook was manufactured strictly in accordance with Superwinch's specifications, and that there was nothing inherently dangerous about a slip hook. Kulkoni did not take part in designing the apparatus and was not aware of how Superwinch planned to market the finished winches. Moreover, the court added, it was not foreseeable to Kulkoni that its hooks would be used for overhead lifting, as the blueprint that Superwinch provided to Kulkoni, and upon which Kulkoni relied, expressly stated that the winch would not be used for overhead lifting.

Therefore, the court concluded, the hook manufacturer, Kulkoni, had no duty to warn of dangers arising from the use of the hook, so that the plaintiff's claim against it had to be dismissed.

You are receiving this email as a benefit of your membership with WSTDA. You are not receiving this message because you are subscribed to an electronic list. If you have any input you would like to provide about mailings of this type, please e-mail wstda@ksgroup.org. To unsubscribe to this newsletter, click here.

Web Sling & Tie Down Association

2105 Laurel Bush Rd. • Suite 200 • Bel Air, MD 21015 • phone: 443-640-1070 • fax: 443-640-1031 • wstda@ksgroup.org • www.wstda.com