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Products Liability Keyed Owen, 8th Ed.
Keen v. Dominick’s Finer Foods, Inc.
Citation:
364 N.E.2d 502 (1977)Facts
On January 21, 1975, Eleanore Keen was shopping at Dominick’s Finer Foods in Highland Park, Illinois. While pushing a shopping cart provided by the store, the cart allegedly tipped over onto its side. Keen was injured when she attempted to prevent the cart from overturning. She filed a four-count complaint against Dominick’s, alleging negligence, strict products liability, breach of implied warranty, and breach of duty of care by a bailor. In her strict liability count, Keen claimed the shopping cart was not reasonably safe for its intended use because it was prone to collapse and roll onto its side, causing injury to users. Dominick’s moved to dismiss the strict liability count, arguing it was not liable because the shopping cart could not be deemed a product for which Dominick’s was responsible for placing into the stream of commerce.
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