Topic: the adequacy of the instruction or warning is generally a q… · Go Syfert
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Topic #13304

4 canonical passages across 3 cases, quoted by 29 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Urena v. The Biro Manufacturing Company.

#Case FlagCanonical passage Citers
1 Urena v. The Biro Manufacturing Company Anchor
ca2 · 1997
green “the adequacy of the instruction or warning is generally a question of fact to be determined at trial and is not ordinarily susceptible to the drastic remedy of summary judgment.” 10
2 Liriano v. Hobart Corp.
ny · 1998
green “intensely fact-specific, including but not limited to such issues as feasibility and difficulty of issuing warnings in the circumstances; obviousness of the risk from actual use of the product; knowledge of the particular product user; and proximate cause.” 9
3 Johnson v. Johnson Chemical Co.
nyappdiv · 1992
green “whether a particular way of misusing a product is reasonably foreseeable, and whether the warnings which accompany a product are adequate to deter such potential misuse, are ordinarily questions for the jury.” 7

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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