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Posts tagged "Products liability warning heightened risk summary judgment similar incidents"

First Circuit Affirms Summary Judgment In Products Liability Case Where Plaintiff Failed To Show "Heightened Risk" Of Danger

The First Circuit has affirmed the dismissal of products liability claims against a shoe manufacturer because plaintiff failed to show defendant's shoes presented a "heightened risk" of entrapment on escalators. The Court said various facts did not substantiate that shoes presented a greater risk than other shoes, including: a dozen complaints of shoe entrapments over a three year period, a Japanese report that "resin sandals" have "a tendency to become entrapped in escalators," an internal email from an employee in Japan stating that government officials had asked that the company sell "new products" because of an "escalator issue," and a hangtag that the defendant placed on its shoes after the accident about safe escalator riding practices.