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Products Liability Keyed Owen, 8th Ed.
Cartel Capital Corporation. v. Fireco of New Jersey
Citation:
410 A.2d 674 (1980)Facts
Country Burger operated a fast food restaurant in Ramsey, New Jersey. In 1967, Fireco sold and installed an Ansul fire extinguishing system in the restaurant. The system was designed to automatically activate when a fire occurred, releasing chemicals to extinguish flames. Fireco serviced the system regularly, including replacing a broken handle in August 1972. On November 30, 1973, a fire started when paper plates stacked near the grill fell onto it. When employees attempted to activate the fire suppression system manually, it failed to operate. The fire spread, causing substantial damage to the building. Subsequent investigation revealed that the system was inoperable because a screw had been inserted into the handle of the activation lever from the wrong direction, preventing it from rotating and releasing the extinguishing agent. An engineering expert concluded this constituted a design defect because the problem could have been eliminated if there had been an opening on only one side of the shaft.
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