Zerby v. Warren

Fourteen-year-old Steven Zerby (plaintiff) and thirteen-year-old Randy Rieken went to a store owned by Chester Warren (defendant), where clerk Robert Dieke (defendant) sold two pints of glue to Rieken. The glue contained toluene, toxic to the central nervous system if inhaled. Hours later the boys intentionally sniffed the glue; the fumes affected Zerby's nervous system, causing him to fall into a creek and drown. One Minnesota statute barred selling such glue to minors; another barred minors from recreationally using it or aiding others in doing so. Zerby's family sued the defendants for wrongful death; the defendants brought a contributory-negligence claim against Rieken, and asserted comparative negligence and assumption of risk as defenses. The trial court held the defendants absolutely liable and barred those defenses, finding for Zerby.

Whether the violation of a statute may create absolute liability in tort, so that defenses such as contributory negligence are unavailable.