Does a failure to warn of a gas leak create liability for injury?

California, United States of America


The following excerpt is from Garman v. Magic Chef, Inc., 117 Cal.App.3d 634, 173 Cal.Rptr. 20 (Cal. App. 1981):

A failure to warn may create liability for harm caused by use of an unreasonably dangerous product. (Cavers v. Cushman Motor Sales, Inc. (1979) 95 Cal.App.3d 338, 157 Cal.Rptr. 142; Canifax v. Hercules Powder Co. (1965) 237 Cal.App.2d 44, 46 Cal.Rptr. 552.) That rule, however, does not apply to the facts in this case because it was not any unreasonably dangerous condition or feature of respondent's product which caused the injury. To say that the absence of a warning to check for gas leaks in other products makes the stove defective is semantic nonsense.

The product here did not cause or create the risk of harm. A cook stove is not

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