Keen v. Dominick's Finer Foods, Inc.
Appellate Court of Illinois
364 N.E.2d 502 (1977)
Relevant factsFree
Keen (plaintiff) was shopping at a Dominick's Finer Foods (defendant) store when the shopping cart she was using began tipping over, and she was injured trying to keep it upright. Dominick's had purchased the carts from a third-party manufacturer and provided them to customers free of charge as a shopping convenience. Keen brought a products-liability suit against Dominick's based on both negligence and strict liability; the trial court dismissed the strict-liability count for failure to state a claim, and Keen appealed.
IssueFree
Whether, to be held liable for a defective product under a theory of strict liability, a defendant must place the product into the stream of commerce.