9140 Lecture Notes - Francisco Liriano, Absolute Liability
Document Summary
The state of richardson should not impose a post-sale duty to warn. Imposing a post-sale duty to warn would place an unreasonable burden upon manufacturers of products. Imposing a post-sale duty to warn would place absolute liability upon the manufacturer. The read and heed principle assumes that if a warning was present, the purchaser has read it. When mark and brad kelley received the beta blaster and aqua attacker in july of 2010, they were eleven years old. Mark was presumably capable of reading wls"s prominent warning of use only lawn gamez ammunition! even if mark failed to read and heed the warning, his parents, who purchased the beta. Blaster, as reasonable adults, had the responsibility to read and heed the warning. A manufacturer"s duty to the consumer is not open- ended. It does not extend to designing a product that is impossible to abuse or one whose safety features may not be circumvented.
