A federal judge has again dismissed a products liability suit brought by the parents of a six-month-old baby who was severely burned by a home deep fryer. The court found that the plaintiffs' proposal for a safer model of the appliance would pose its own hazards. The case had been revived last year when the court found that there need not be witnesses to an accident to bring a products liability suit if the plaintiffs can claim that a better design would have prevented any such accident.
June 25, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A federal judge has once again dismissed a products liability suit brought by the parents of a six-month-old baby who was severely burned by a home deep fryer after finding that the plaintiffs’ proposal for a safer model of the appliance would pose its own hazards.
In his 22-page opinion in Van Buskirk v. The West Bend Co., U.S. District Judge Robert F. Kelly concluded that a young child cannot be considered an “intended user” of a deep fryer.
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