McClaflin v. Bayshore Equipment Rental Co.

Neil McClaflin died from injuries received in an accident involving a stepladder he had leased from Bayshore Equipment Rental Company, a partnership. His heirs brought this wrongful death action against Bay-shore and the partners therein. The jury returned a defense verdict. Appealing from the judgment, plaintiffs contend that the trial court erred in declining to instruct the jury on “strict liability.” We agree: we reverse the judgment.

The evidence shows the following facts, none of which are in substantial dispute: The decedent was self-employed as an installer of custom draperies. The…