· 10/21/2014
Kenser v. Premium Nail Concepts, Inc.
Citations
- 2014 MT 280
- 376 Mont. 482
- 338 P.3d 37
- 2014 Mont. LEXIS 618
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- requiring jury instructions and evidence on foreseeability issues in strict products liability case where no misuse affirmative defense was available
- “The court’s instruction that Kenser’s use of the product was foreseeable ... and did not constitute misuse was correct but inadequate and allowed the possibility that the jury could or would equate ‘skin contact’ with ‘misuse.’ ”
- “[I]f it is reasonably foreseeable to a defendant that its product can be or is being used in a specific manner, and a consumer is injured by using the product in that manner, the defendant cannot argue that the plaintiff had misused its product.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cotter, McGrath, McKinnon, Shea, What
Read full opinion on CourtListenerSourced 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.