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Products Liability in Missouri

Latham v. Wal-Mart Stores, Inc., 818 S.W.2d 673 (Mo.App. E.D. 1991)

What is the procedural history?

What is the product?

What was unusual about the sale?

How was the transfer of the product handled?

Why does this matter?

Who are the defendants and what is their relationship to the product?

What is the alleged defect in the product?

Who settled out?

Why would RSMo 537.762 be a problem?

What is the problem under 402a?

Why did Illinois say that a dog is not a product?

What did NY say about diseased hamsters and why?

What was the swinish ruling?

Which view does Mo adopt?

Is this really a proper view based on the facts of this case?

How would you argue that this case should be decided differently?

What other elements of 402a fail under the court's analysis?

What does this court say are the elements of 402a in Mo?

What is in the uncontroverted affidavit that hurts plaintiff?

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