285 Pa. Super. 320 - Sherk v. Daisy-Heddon’s Empirical Analysis
1981
Citation profile
6 federal appellate · 18 state decisions
How this case has been cited
Cited by 34 later decisions — most recently May 2013 · most notably Sherk v. DAISY-HEDDON, ETC. (1982), Fleck v. KDI Sylvan Pools, Inc. (1992)
6 federal appellate · 18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 20 Cal. 3d 413 - Barker v. Lull Engineering Co. · Webb v. Zern · 8 Cal. 3d 121 - Cronin v. J.B.E. Olson Corp. · Berkebile v. Brantly Helicopter Corp. · Azzarello v. Black Bros. Co., Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The test to determine whether a danger is obvious is an objective one, not dependent upon the actual knowledge of the user, or his actual awareness of the danger. It is the knowledge and realization of the danger that would be possessed by the ordinary consumer who purchases or uses the product.... If the product is one customarily used by children, the danger must be one which children would be likely to recognize and appreciate in order to prevent them from recovering for a product related injury on the grounds that the danger was open and obvious.”
4 later decisions quote this exact passage“(Emphasis added.) Comment (j) to § 402(A) points out that some products may be defective and unreasonably dangerous within the meaning of this section if the seller does not include a warning concerning the danger with the product. [8] Although comment (j) focuses on warnings relative to the dangers of ingredients in food and drugs, without question this duty extends to other types of products, including equipment and household goods. [9] On the basis of comments (i) and (j), one treatise summarizes the rule for the duty to warn thusly:”
1 later decision quote this exact passage““The Pump-Up Air Gun is a new, much more powerful type gun than the traditional Daisy spring-air B.B. gun. It shoots with four to six times the power of the spring-air B.B. gun and must be treated with great care and respect. “Always handle a gun as if it. were loaded. “ ‘Handling’ means every time you* touch your gun. It also means you must never point your gun toward any living thing nor at any part of your own body nor at anything that could be damaged by an accidental shot.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.