 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
HAWKS v. EPI PRODUCTS USA9/19/1996
5 (1990), we held that a retailer may be liable under section 6-1407(1) of the Idaho Code if one of several events occurred: (1) the retailer made express warranties concerning the product that were inconsistent with those made by the manufacturer; (2) the retailer had a reasonable opportunity to inspect the product and should have discovered the alleged defect; (3) the retailer had reason to know of the alleged defect; or (4) the retailer altered, modified, or installed the product's defective component. Id. Here, there was no allegation nor finding that Fred Meyer made an express warranty regarding use of the Epilady that was inconsistent with the express warranties made by EPI and Mepro. Likewise, there was no allegation or finding that Fred Meyer altered, modified, or otherwise changed the product's packaging or the product information contained therein. Rather, as the trial court correctly noted, the jury found that, while Fred Meyer had a reasonable opportunity to inspect the Epilady product, it did not know or have reason to know of the product's defective warning. Thus, as the trial court properly concluded, Fred Meyer is immune from direct liability for Hawks' injuries pursuant to section 6-1407 of the Idaho Code.
VI.
CONCLUSION
The judgment of the district court is affirmed. As a consequence, the Court does
not address the remaining issues raised on cross-appeal. Costs on appeal are awarded to Hawks pursuant to I.A.R. 40. Because this Court is not left with the abiding belief that this appeal was brought frivolously, unreasonably, and without foundation, no attorney fees are awarded. I.A.R. 41; I.C. ยง 12-121; Kelly v. Silverwood Estates, 127 Idaho 624, 630-31, 903 P.2d 1321, 1327-28 (1995).
McDEVITT, C.J., and JOHNSON, TROUT and SILAK, JJ., concur.
Page 1 2 3 4 5 6 Idaho Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|