· 8/31/1998
Liriano v. Hobart Corp.
Citations
- 700 N.E.2d 303
- 92 N.Y.2d 232
- 677 N.Y.S.2d 764
- 1998 N.Y. LEXIS 2753
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that ultimate measure of need for warnings is whether they aid or hinder customers in adjusting their behavior to avoid accidents
- noting that ultimate measure of need for warnings is whether they aid or hinder customers in adjusting their behavior to avoid accidents
- noting that requiring warnings against obvious dangers would tend to \trivialize[] and undermine[] the entire purpose of the rule [by] drowning out cautions against latent dangers\
- noting that requiring warnings against obvious dangers would tend to “trivialize! ] and undermine! ] the entire purpose of the rule [by] drowning out cautions against latent dangers”
- “[T]he open and obvious defense generally should not. apply when there are aspects of the hazard which are concealed or not reasonably apparent to the user.”
- “[L]iability can exist under a failure-to-warn theory in cases in which the substantial modification defense . . . might otherwise preclude a design defect claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: ClPARICK
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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