Thibault v. Sears, Roebuck & Co.

395 A.2d 843 (1978)

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Thibault v. Sears, Roebuck & Co.

New Hampshire Supreme Court
395 A.2d 843 (1978)

MP

Facts

The purchaser of a lawn mower (buyer) (plaintiff) manufactured by Sears, Roebuck & Company (Sears) (defendant) sued Sears for personal-injury damages the buyer received when the buyer slipped and fell while mowing a slope in an up and down direction and the buyer’s foot got caught under the mower’s housing and was injured. The instruction booklet for the mower twice advised the operator to mow slopes sideways and not up and down. The buyer sued Sears, alleging liability under negligence and strict-liability theories. The jury returned verdicts for Sears on both theories, and the buyer appealed the decision on his strict-liability theory.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

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