Randy Swix, Pamela Swix, Co-Conservators of the Estate of Aaron Ray Swix v. Daisy Manufacturing Co., Inc.

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 fact that a product may be a ‘simple tool’ is not dispositive in a design defect case— the obviousness of a danger is merely one factor in the analysis of whether the risks are unreasonable in light of the foreseeable injuries”
• finding \that the fact that a product may be a `simple tool' is not dispositive in a design defect case — the obviousness of a danger is merely one factor in the analysis of whether the risks are unreasonable in light of the foreseeable injuries\
• finding “that the fact that a product may be a ‘simple tool’ is not dispositive in a design defect case–the obviousness of a danger is merely one factor in the analysis of whether the risks are unreasonable in light of the foreseeable injuries”
• “[W]hether the danger associated with a simple tool is ‘open and obvious’ will determine whether a manufacturer owes a duty to warn[.]”
• “[C]ourts have found hammers, knives, gas stoves, axes, buzz saws, propeller driven airplanes, trampolines and backyard pools to be simple tools.”
• “ ‘[t]he focus is the typical user’s perception and knowledge’ [citation]” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).