Menard v. Newhall

How courts have described this case

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

• stating that if enough rebutting evidence is admitted, the presumption disappears and goes for naught
• holding that after a plaintiff establishes a duty to warn and that inadequate warnings were provided, “‘a presumption is created that the [person to whom the warnings were directed] would have read the warning and heeded it”
• 7-year-old child knows a BB gun can injure an eye, and Daisy need not warn of that danger
• where child ignored instructions given by father, presumption that warning would have been read and heeded disappeared
• affirming summary judgment in BB gun manufacturer’s favor because (1
• creating rebuttable presumption of causation in failure to warn cases

Source: CourtListener parenthetical corpus (CC0).