McENTEE, Circuit Judge.
Plaintiffs in this diversity case appeal from a judgment entered after a jury verdict in favor of defendant, and from a denial of their motions for a new trial and a judgment notwithstanding the verdict. Most of the facts are undisputed and concern a single incident. On the evening of May 22, 1971, five-year old James Bellotte was left in the care of his twelve-year old step-brother Earl while their parents were out. In the course of the evening James put on a pair of cotton pajamas purchased by his parents from defendant Zayre Corporation's department store in Manchester, New Hampshire. When alone in his bedroom he began playing with matches and a lighted match slipped from his fingers and ignited the pajama top which burned rapidly. Despite aid from his brother Earl, James suffered extensive burns on his upper body.
Plaintiffs' second assignment of error is directed at the trial court's instruction on the claim of strict liability in tort. Plaintiffs allege that the trial court improperly defined "unreasonably dangerous" by basing the standard on the viewpoint of the purchasing parent rather than on that of
Finally, plaintiffs contend that the trial court erred in not instructing the jury that the pajamas were unreasonably dangerous even for a purchasing parent as a matter of law. However, we find no merit to this claim. Sellers are not insurers and are not subject to absolute liability. Elliott v. LaChance, 109 N.H. 481, 484, 256 A.2d 153, 156 (1969). Under the doctrine of strict liability in New Hampshire, liability is imposed only when the danger is unreasonable. See Buttrick v. Lessard, supra. As evidence of unreasonable danger plaintiffs point to testimony at trial that an average adult consumer would not have known the rapid rate at which flames would spread on the pajamas once ignited. However, there was also evidence that the burning characteristics of the pajama fabric were completely normal and that under the federal Flammable Fabrics Act (15 U.S.C. § 1191 et seq., 67 Stat. 111), in force at the time of the accident, the fabric would be classed as normally flammable. In light of our examination of the record we cannot say it was improper for the trial court to let the jury resolve this question.
Plaintiffs also complain because this instruction was not requested by either party but was made sua sponte by the judge. There is no substance to this complaint. A trial judge has a duty to charge the jury on the general fundamental rules of law applicable to the principal issues of fact in a case, Turner Construction Co. v. Houlihan, 240 F.2d 435, 439 (1st Cir.1957), and has broad discretion to provide a jury with whatever instructions he thinks are needed. Fredericks v. American Export Lines, 227 F.2d 450, 453 (2d Cir.), cert. denied, 350 U.S. 989, 76 S.Ct. 475, 100 L.Ed. 855 (1956). Here there was sufficient evidence to support an instruction to the jury on this issue; there was testimony by Earl, by James' father and mother, and by James himself that he initially told his parents that his brother Earl had tossed the match onto him.