· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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