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US Supreme Court dismisses claim that retailers should provide helmet fitting instructions

The parent of a child who was seriously injured in a bicycle accident brought suit against Sears, Roebuck & Co., the retailer who sold the child’s bicycle helmet, alleging that the retailer breached its duty to provide helmet fitting instructions at the point of sale.

The US Supreme Court dismissed the claim on the basis that under current societal norms, it is not reasonable to require mass-marketing retailers, such as Sears, to offer specialized point-of-sale advice on the thousands of products they sell. Rather, it is typically understood the consumer will ask for assistance, if it is required.

The Court therefore found that the responsibility to determine whether the helmet was properly fitted should rest with the plaintiffs, not Sears.

Mon 1 Nov 2010

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