Legal Opinion · Dissent

Huebert v. Federal Pacific Electric Co., Inc.

Supreme Court of Kansas

Decided March 4, 1972No. 46,157Published

1DissentSchroeder, J.

On the record here presented the decision of the court seems to impose absolute liability where an express warranty is made by the manufacturer of an industrial product. That is, the manufacturer absolutely guarantees the performance of its goods against product-induced injury under any and all circumstances, regardless of unforeseen intervening occurrences.

It seems to me where an intervening cause gives rise to an injury resulting from a manufactured product covered by express warranty, the basic question should be one of reasonable foreseeability just as in negligence cases. The warranty’s…

2Cases cited4 opinions

  1. Steele v. RappSupreme Court of Kansas · 1958
  2. Naaf v. GriffittsSupreme Court of Kansas · 1968
  3. Anderson v. ThomasSupreme Court of Kansas · 1959
  4. Tamburello v. Travelers Indemnity CompanyDistrict Court, E.D. Louisiana · 1962

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