WIDER v. FAMILY GARD, INC.


197 A.D.2d 892 (1993)

602 N.Y.S.2d 292

Edward Wider, Appellant, v. Family Gard, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 1993


Order unanimously affirmed without costs.

Memorandum:

The only negligence attributed to defendants is that they supplied a battery operated smoke detector that had no device to warn plaintiff when there was no battery in the detector. The danger of maintaining a smoke detector without a battery in place is obvious. Thus, defendants owed plaintiff no duty to warn him that the detector would not work without a battery (see, Trivino v Jamesway Corp...

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