Plaintiff re-alleges and incorporates by reference the allegations contained in Paragraph 1 through 4 of this Complaint. 5. Defendant participated in sale and maintenance of a product. 6. Defendant maintained, installed and assembled the product which contained a defective condition because the design was defective and unsafe. 7. This design defect made the product unreasonably dangerous. 8. The system as assembled by Conectiv remained unchanged and was in the same condition at the time of the injury hereafter alleged. 9. As a direct and proximate cause of Defendant’s installation and maintenance of the defectively designed product, Plaintiff sustained permanent injury.
COUNT II - Negligent Design and/or Maintenance - Product Liability
Plaintiff re-alleges and incorporates by reference the allegations contained in Paragraph 1 through 9 of this Complaint. 10. Defendant built and/maintained an electrical system that had a defective design or was defectively maintained. Accordingly, defendant owed a duty to Plaintiff that the system was designed and maintained in such a way that made the system safe for its intended purpose. 11. Defendant knew or should have known when building and maintaining this electrical system that it was designed defectively or maintained, creating a unreasonable risk of injury for to Plaintiff. 12. Plaintiff was negligent in failing to properly design, manufacture, install, maintain, and communicate the defect in the system to Plaintiff, creating a clear and immediate risk of serious injury. As a direct and proximate result, Plaintiff sustained serious injury.