stating the rule that, where a manufacturer has “actual or constructive knowledge of danger to users, the . . . the manufacturer has a duty to warn of such dangers.”
How later courts described this case
- stating the rule that, where a manufacturer has “actual or constructive knowledge of danger to users, the . . . the manufacturer has a duty to warn of such dangers.”
- failure to warn that a space heater should not be used in house traders or in other poorly insulated and tightly enclosed spaces
- “The duty to warn has been described as two duties: (1) The duty to give adequate instructions for safe use; and (2) the duty to warn of dangers inherent in improper usage.”
- affirming a directed verdict of negligent failure to warn on use of a space heater
Written by the judges who cited it.
The opinion
TODD, Justice
(concurring specially).
I join in the concurring opinion of Mr. Justice Kelly.