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Products Liability Keyed to Fischer, 6th Ed.
Hatch v. Ford Motor Co.
Citation:
163 Cal. App. 2d 393, 329 P.2d 605 (1958)Facts
On June 30, 1955, six-year-old Charles Terrance Hatch was walking along Stansbury Avenue where a Ford automobile was parked. The vehicle, manufactured and sold after January 1939, featured a pointed radiator decoration approximately 9½ inches in length attached to the front center portion over the radiator. As Charles approached the front of the automobile, he collided with it, and the ornament pierced his left eyeball, resulting in the loss of that eye. The plaintiffs alleged that Ford was negligent in manufacturing a vehicle with an unreasonably dangerous design that created risk of injury to persons who might come in contact with the front portion of the vehicle. They also claimed that the ornament violated California Vehicle Code § 683, which prohibited certain protruding radiator ornaments on vehicles sold after January 1939. The plaintiffs argued that Ford owed a duty to manufacture automobiles that were safe to collide with, even when properly parked.
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