Venezia v. Miller Brewing Co.
United States Court of Appeals for the First Circuit
626 F.2d 188 (1980)
Relevant factsFree
Louis Venezia (plaintiff), an eight-year-old, picked up a discarded, empty beer bottle and threw it against a telephone pole, and it shattered and injured him; he sued Miller Brewing Company and the glass manufacturers (defendants) for negligence and breach of the implied warranty under Massachusetts law that a product is fit for its ordinary purpose. The district court dismissed for failure to state a claim, and Venezia appealed.
IssueFree
Whether a manufacturer may be held liable for an injury caused by a consumer's misuse of a product that is safe when put to its ordinary use.