Huset v. Threshing Mach. Co. case brief summary
Huset = laborer employed by Pifer
Threshing = sold thresher to Pifer
Huset was injured when he fell through a weak covering onto fast-moving cylinder. Laborer sued manufactuerer.
§ General Rule = Manufacturer is not liable in negligence to 3rd parties that are not in contract with him.
§ There are 3 Exceptions
1. Product is imminently dangerous + intended to affect human life.
· Ex. Thomas – pharmacist mistakenly substituted poison for drug.
2. Owner impliedly invites someone to use defective product. B/c owner knew others wld use.
· Ex. Coughtry – contractor invited onto owner’s scaffold, which skirts privity.
· Fiction = no real invitation
3. Product is imminently dangerous + injury is reasonably anticipated.
· Ex. Langridge – dealer rep’d that gun was made by respected manuf; the gun blew up.
· Even with out privity, the dealer knew it was imminently dangerous, which skirts privity.
§ This case is the 3rd exception = You know people are going to walk on it & it must hold weight.
§ Knew the cover was weak
§ Concealed the weakness
§ He knew it was imminently dangerous.