Allen v. Chance Manufacturing Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the unreasonable use defense arises only when there has been a foreseeable use of the product
• the defendant must prove “that the plaintiff knew of the product’s defect and its danger. . .”
• “Foreseeability of use is an element of the plaintiffs case.”
• unreasonable repair of amusement ride by failing to wear goggles
• “to prove his case a plaintiff asserting a . . . claim based on a breach of an implied warranty of merchantability must prove that at the time of his injury he was using the product in a manner that the defendant seller, manufacturer, or distributor reasonably could have foreseen”

Source: CourtListener parenthetical corpus (CC0).