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Products Liability Keyed to Fischer, 6th Ed.
Greenman v. Yuba Power Products, Inc.
Citation:
59 Cal. 2d 57, 377 P.2d 897, 27 Cal. Rptr. 697 (1963)Facts
William Greenman received a Shopsmith combination power tool as a Christmas gift from his wife in 1955 after seeing it demonstrated and studying the manufacturer’s brochure. In 1957, he purchased attachments to use the tool as a lathe. While working on a piece of wood, it suddenly flew out of the machine and struck his forehead, causing serious injuries. Expert witnesses testified that inadequate set screws were used to hold parts of the machine together, allowing normal vibration to cause the tailstock to move away from the wood being turned. They also testified that there were better ways to fasten the parts together that would have prevented the accident. The manufacturer’s brochure had represented the tool as having “rugged construction” and “positive locks that hold adjustments.” Approximately ten months after the accident, Greenman gave written notice of claimed breaches of warranties to both the retailer and manufacturer before filing his complaint.
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