Eck v. Powermatic Houdaille

WIEAND, Judge:

In the instant appeal, we are asked to determine the role of “foreseeability” in a “substantial change” defense asserted in a product liability action. The trial court charged the jury that any substantial change made to a product by a user or consumer would relieve the manufacturer and distributor of the product from liability for injuries caused thereby. Plaintiff-appellant argues that the jury should have been instructed that the manufacturer and distributor would be absolved of liability only for subsequent product modifications which were unforeseeable. We agree. Because we…