Wednesday, January 30, 2019
Plaintiff alleged an Indiana hardware store was negligent in renting to him and two co-workers an aerial lift without warnings in Spanish, given that the three spoke limited English. Plaintiff was severely shocked when he either touched an electric line or was the victim of electrical arcing. The Indiana Court of Appeals ruled that the hardware store did not have to provide warnings in Spanish. Instead the court stated that, absent special circumstances, if the manufacturer provides adequate warnings and the seller passes them along, the seller has no obligation to provide additional warnings. Unlike several other cases, the court did not focus on whether the product had been marketed to non-English speakers. The case is here. Thanks to Susan Raeker-Jordan for the tip.