danger associated with fire produced from a cigarette lighter is an obvious risk within the ordinary knowledge of the community
How later courts described this case
- danger associated with fire produced from a cigarette lighter is an obvious risk within the ordinary knowledge of the community
Written by the judges who cited it.
The opinion
SCHNEIDER, Chief Justice,
concurring.
I concur fully in the court’s opinion and write separately to add a brief observation. *165 I would note that the court’s analysis concerning design defect is also supported by the Restatement (Third) of Torts: Products Liability, which explicitly adopts a “risk-utility” test as the standard for determining the defectiveness of product designs. Restatement (THIRD) OF TORTS: PRODUCTS LIABILITY § 2(b) (Proposed Final Draft 1997).