The defendant referred to the decision Kirby v. Canadian Tire Corp., [1989] M.J. No. 28 (Man.Q.B.)(Q.L.) in which the plaintiff was injured by a blade on a food processor. The blade was extremely sharp and had been packed in the box when the plaintiff reached into the box he cut himself on the blade. The court found the manufacturer was not aware of any claims for personal injuries arising out of the use of the model of the food processor in question, that some sort of a cover would have made the blade safer but the fact that the blade was uncovered did not amount to negligence when there was no evidence of any previous injuries.
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