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Sheckells v. AGV Corp.

United States Court of Appeals for the Eleventh Circuit

987 F.2d 1532 (1993)

Relevant factsFree

After John Sheckells suffered permanent injuries when his AGV (defendant) motorcycle helmet failed to protect him in a 30-45 mph impact, his father (plaintiff) sued for failure to warn, presenting expert testimony that no helmet on the market protects at those speeds and that the average purchaser would not know this despite the helmet's warning labels stating some impacts might exceed its protective capability.

IssueFree

Whether a manufacturer is liable for failure to warn when a product contains an obvious danger or of which the person using the product knows, or should know, is dangerous.

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