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: Cocky Law BlawgCreepy, Crawly Cause of Action. Or Not.
By Rebekah
A customer who was injured by a spider while trying on pants was unable to prevail on a claim against the retailer and supplier of the pants of breach of implied warranty of merchantability [Flippo v. Mode O'Day Frock Shops of Hollywood, 449 S.W.2d 692 (Ark. 1970)]. The Supreme Court of Arkansas found that, as the spider was not part of the garment and that the pants themselves were not the source of the injury, the customer was not entitled to jury instructions on strict tort liability. Find the case in print by using the reporter citation; find it online by using the citation or party names.
[RKM]
Full post as published by Cocky Law Blawg on October 28, 2010 (boomark / email).
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