September 17, 2009

Products liability.

Practice point: A manufacturer has a duty to warn against latent dangers resulting from reasonably foreseeable uses of its product.

Practitioners should note that, where a product is manufactured so as to allow its use without a safety feature, a plaintiff may recover for injuries suffered as a result of removing the safety feature.

Case: Stewart v. Honeywell Intl. Inc., NY Slip Op 06365 (1st Dept. 2009)

The opinion is here.

Tomorrow’s issue: Torts.