Wider v. Family Gard, Inc.

Full title: EDWARD WIDER, Appellant, v. FAMILY GARD, INC., et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 1, 1993

197 A.D.2d 892 (N.Y. App. Div. 1993)

602 N.Y.S.2d 292

Opinion

October 1, 1993

Appeal from the Supreme Court, Erie County, Francis, J.

Present — Callahan, J.P., Balio, Lawton, Boomer and Boehm, JJ.

Order unanimously affirmed without costs. Memorandum: The only negligence attributed to defendants is that they supplied a battery operated smoke detector that had no device to warn plaintiff when there was no battery in the detector. The danger of maintaining a smoke detector without a battery in place is obvious. Thus, defendants owed plaintiff no duty to warn him that the detector would not work without a battery (see, Trivino v Jamesway Corp., 148 A.D.2d 851, 853; Laaperi v. Sears, Roebuck Co., 787 F.2d 726).