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· 1/18/1979

AUBURN MACH. WORKS, CO., INC. v. Jones

Citations

  • 366 So. 2d 1167

How courts have described this case

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

  • holding that in a products liability action the \patent danger\ or \open and obvious hazard\ doctrine is not a bar to recovery, but a defense to which the principles of comparative negligence apply
  • holding that in products liability cases, the obviousness of a hazard is not an exception to. a manufacturer’s liability, but is a defense that a manufacturer can use to show a plaintiff did not exercise reasonable care based on the openness and obviousness of the danger
  • rejecting the patent danger doctrine, which - 21 - insulates manufacturers from liability if a dangerous product does not create a unknown risk to the user and is without any latent defect, as a total defense to strict liability claims involving defective products
  • without deciding whether defendant's machine was defective, court affirmed summary judgment in favor of defendant on ground that plaintiff's conduct was sole cause of plaintiff's injury
  • \patent danger\ or \open and obvious hazard\ rejected as exception to manufacturer's liability

Source: CourtListener parenthetical corpus (CC0).

Judges: Alderman

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.