Olson v. Prosoco, Inc.
Supreme Court of Iowa
522 N.W.2d 284 (1994)
Relevant factsFree
Olson (plaintiff) was injured when he dropped a drum of Prosoco's (defendant's) mortar cleaner, causing the stopper to pop out and acid to splash into his eye, blinding him; he sued for failure to warn about improper closing and handling of the drum, and the trial court instructed the jury on both negligence and strict-liability theories, with the jury finding for Olson on both. Prosoco appealed, arguing the strict-liability instruction was improper for a failure-to-warn claim.
IssueFree
Whether a failure-to-warn claim for damages must be brought under a negligence theory rather than a strict-liability theory.