mark handler
SAWHORSE
WHEN STOVE TIPPED ON MINOR
CHILDREN
Anti-tip devices became a UL requirement June 3, 1991.
http://www.lawatyourfingertips.com/wp-content/uploads/casenotes/CNSTOVETIPPING.pdf
It would appear that there will be liability as against the Landlord/Insured for the stove which was installed without an anti-tipping device.
The Landlord will be held liable on a non-delegable duty theory, which will preclude any apportionment under Proposition 51 with the installer.
Installer may be held strictly liable for the sale and distribution of the stove and the maker of the stove will also be held strictly liable under a products
liability theory [failure to warn, and defective for failing to install anti-tipping device or making one available].
Finally, while the children are too young to be held comparatively negligent, one must consider a cross-complaint as against the minors’ parents for negligence in failing to
properly supervise the minors.
CHILDREN
Anti-tip devices became a UL requirement June 3, 1991.
http://www.lawatyourfingertips.com/wp-content/uploads/casenotes/CNSTOVETIPPING.pdf
It would appear that there will be liability as against the Landlord/Insured for the stove which was installed without an anti-tipping device.
The Landlord will be held liable on a non-delegable duty theory, which will preclude any apportionment under Proposition 51 with the installer.
Installer may be held strictly liable for the sale and distribution of the stove and the maker of the stove will also be held strictly liable under a products
liability theory [failure to warn, and defective for failing to install anti-tipping device or making one available].
Finally, while the children are too young to be held comparatively negligent, one must consider a cross-complaint as against the minors’ parents for negligence in failing to
properly supervise the minors.