582 N.E.2d 1000 | Ohio Ct. App. | 1989
James Koepke and his parents filed this action, asserting various claims of negligence and product liability against the above-named defendants and against Fred and Joyce Schlesiger, Scott Wilson's mother and stepfather, and Sean Gentry, Greg's brother. Appellants entered settlements first with the Wilsons and Schlesigers, and separately with the Gentrys. Appellees Crosman and Swallen's were granted summary judgment, and this appeal followed.
Appellants' single assignment of error challenges the trial court's entry of summary judgment. Appellants contend that summary judgment was improper both on their claim that appellees should be held strictly liable in tort, and their claim that appellees negligently failed to provide adequate warning of the dangers associated with the BB gun. We find the assignment of error to be without merit.
Appellants' only argument with respect to their strict-liability theory is that there are questions of fact involved in the application of the risk-benefit test adopted inKnitz v. Minster Machine Co. (1982),
Appellants also argue that appellees were negligent in failing to warn expected users of the BB gun as to the foreseeable dangers involved in its use. We disagree, based upon the rule that manufacturers and vendors do not have a duty to warn of dangers that are open and obvious to the user of a product. See, e.g., Temple v. Wean United, Inc. (1977),
We therefore find that appellees had no duty to warn of the obvious dangers associated with the BB gun. Nevertheless, appellee Crosman did provide extensive warnings, in the form of a clearly marked "Caution" statement and a "Special Message to Parents" with each package, both providing that the gun should always be used with adult supervision. In addition, appellee Swallen's had a longstanding policy not to sell BB guns to people under the age of eighteen. To impose a duty upon manufacturers and sellers to make certain that BB guns are always used with adult supervision, or otherwise to safeguard against obvious dangers, would in effect make them insurers of their product. Such a rule would also be so broad-ranging as to amount to judicial legislation, which is not a function of this court.
Accordingly, having determined that there are no genuine issues of material fact and that appellees are entitled to judgment as a matter of law, we *4 overrule the single assignment of error. The judgment of the trial court is affirmed.
Judgment affirmed.
SHANNON, P.J., KLUSMEIER and GORMAN, JJ., concur.