· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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