· 12/15/1980
Killeen v. Harmon Grain Products, Inc.
Citations
- 413 N.E.2d 767
- 11 Mass. App. Ct. 20
- 30 U.C.C. Rep. Serv. (West) 862
- 1980 Mass. App. LEXIS 1411
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that Appeals Court noted in dicta that “manufacturer’s liability might be based on the marketing of a product in a manner calculated to induce direct purchases by children whose use would involve unreasonable risk of injury”
- risks of chewing a sharp toothpick while playing on jungle gym held obvious to adults
- a manufacturer or retailer is justified, as matter of law, in the assumption that the dangers inherent in toothpicks are obvious to nearly all
- “Negligence, in products liability cases, typically consists of failure in the design, manufacture, or inspection or failure to warn the user of the dangers which he is apt to encounter in using the product.”
- flavored toothpick pierced child’s lip when she fell from jungle gym
- finding warning unnecessary when inherent dangers obvious to nearly all
Source: CourtListener parenthetical corpus (CC0).
Judges: Hale, Armstrong, Dreben
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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