Friday, March 23, 2012

HOOD V. RYOBI AMERICA case brief

HOOD V. RYOBI AMERICA

• P bought power saw
• Came with a lot of warnings not to take the blade guard off
• P takes the guard off anyway, and the blade flew off the saw and injured P
• P did not expect such a consequence – the warning did not say that could happen. He thought the warning was only to prevent him from cutting his fingers or clothes
• P assumed some risk when he took off the guard, but did not assume the risk of what he got
• Court rules for manufacturer – too many warnings of every possible consequence lose their force – people will not pay attention to extremely long and complicated warnings
• Not a very sympathetic plaintiff - P should have exercised more care.
Cotton – p. 588 – P hurt when propane tanks on job site exploded; P argues that labels were inadequate. Court rejects claims.

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