TOUPS v. SEARS, ROEBUCK AND CO., INC.

No. 86-C-2493.

507 So.2d 809 (1987)

Emerza S. TOUPS and Richard S. Toups, Sr., Individually and as Parents, Administrators and Natural Tutors of Their Minor Son, Shawn M. Toups v. SEARS, ROEBUCK AND COMPANY, INC., et al.

Supreme Court of Louisiana.

Rehearing Denied June 18, 1987.


Attorney(s) appearing for the Case

John McCann, James McCann, McCann & McCann, Salvador Cusimano, Charles Verderame, Thomas L. Giraud, Giraud, Cusimano & Verderame, New Orleans, for applicant.

Lawrence Ernst, Christovich & Kearney, John Combe, Jr., Madeleine Fischer, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for respondent.


WATSON, Justice.

Plaintiffs1 seek damages for second and third degree burns covering about fifty percent of a three year old boy's body. The injuries resulted from a flash fire emanating from a Sears' hot water heater.2 Plaintiffs' strict product liability action rests on two premises: failure to warn of the water heater's suction effect on flammable vapors; and/or failure to adopt an

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