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Sears8/24/1995
ill. The study was published and distributed to agencies and people within the industry such as the National LP Gas Association and to the Gas Appliance Manufacturers Association after its completion in 1986. Johnson, a Sunbeam executive, testified that he learned of the Bullerdiek report in December 1987. Bullerdiek believed there was a design defect in the grill in that the design "virtually invite " and allowed the storage of a spare cylinder under the grill body which was a dangerous condition that Sunbeam did or should have known about and did not design against. He also believed there was a marketing design defect in that " here should have been a warning that was very clear and explicit" as to the danger of storing a spare cylinder underneath the grill. Bullerdiek testified that he did not see any evidence that Sears or Sunbeam tried to discourage the use of a spare cylinder, and in fact, Sears encouraged the use of a spare cylinder in their use and care manual.
Bullerdiek's opinion was based in part on the "hierarchy of design." The hierarchy, according to Bullerdiek, sets out the steps engineers should take when reviewing a potential hazard in a product. The steps are to: 1) design the hazard out; 2) try to guard against the hazard with protective mechanisms; and 3) if you can't design it out or guard it out, provide a warning. Bullerdiek testified that the warning against storing flammable vapors or liquids around an appliance was not designed to warn against the storage of spare cylinders. He believed the warnings in the Kenmore use and care manual that accompanied the 1988 models were ineffective to warn against the danger because the point of a warning is to present the material in a way that it is likely to be read, understood, and acted upon. Bullerdiek believed a specific warning against storing a spare cylinder underneath the grill should have been placed on the grill itself where it would have been a visible reminder.
The Use and Care Manuals
The suggested warning against storing a spare cylinder underneath the grill was incorporated in the Sunbeam's 1987 use and care manual. The front page of the use and care manual of Sunbeam dated November 1987, which would have been provided with all Sunbeam grills marketed in 1988, contains the warning "Do not store any spare L.P. gas propane cylinder under grill body or in grill enclosure." Duncan testified Sunbeam included the warning " ecause of the occurrences of spare cylinders venting on gas grills." Further, according to Duncan, the "form" manual put out by the AGA in November 1987 included the same warnings.
The Kenmore use and care manual which accompanied the grill purchased by the Menegays in 1988, did not contain the cylinder storage warning. The Kenmore use and care manual accompanying the grill provided the following warnings:
FOR YOUR SAFETY: Do not store or use gasoline or other flammable vapors and liquids in the vicinity of this or any other appliance.
LOCATION -- FOR OUTDOOR USE ONLY
. . . Do not obstruct the flow of combustion and ventilation air around the grill housing. You must keep appliance clear and free from combustible materials, gasoline and other flammable vapors and liquids.
DO NOT SUBJECT L.P. CYLINDERS TO EXCESSIVE HEAT. CAUTION: NEVER STORE A L.P. GAS CYLINDER INSIDE A BUILDING OR IN THE VICINITY OF ANY GAS BURNING APPARATUS. BETWEEN COOKOUTS WHEN THE L.P. GAS SUPPLY CYLINDER IS NOT DISCONNECTED FROM THE GAS GRILL, THE CYLINDER AND GRILL MUST BE STORED OUTDOORS IN A WELL VENTILATED AREA. IF FOR ANY REASON THE GAS GRILL IS TO BE STORED INDOORS, THE CYLINDER MUST BE DISCONNECTED AND REMOVED FROM THE GRILL CART AND STORED OUTD
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