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· 8/31/1971

James C. Gardner v. Q. H. S., Inc., a Corporation, and J. M. Fields, Inc., a Corporation

Citations

  • 448 F.2d 238
  • 9 U.C.C. Rep. Serv. (West) 621
  • 1971 U.S. App. LEXIS 8277

How courts have described this case

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

  • finding that the duty to warn arises when the user may not realize the potential danger of a product
  • finding that the duty-to-warn arises when the user may not realize the potential danger of a product
  • noting that, in the products liability context, “[w]here the issue is one of foreseeability, evidence of what has actually been experienced in the same or comparable situations constitutes proof of the greatest probative value”
  • action by apartment house owner against manufacturer of hair rollers purchased by plaintiff’s tenant after rollers ignited and burned down plaintiff’s building
  • action by apartment house owner against manufacturer of hair rollers purchased by plaintiff's tenant after rollers ignited and burned down plaintiff's building
  • “the separate theories of negligence and breach of warranty [for failure to provide adequate warning of hidden danger] are not always coextensive”

Source: CourtListener parenthetical corpus (CC0).

Judges: Russell, Winter, Butzner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.