Tuesday, June 17th, 2008...8:25 am
DAlaska: Does Trade Association Have Tort Duty When It Issues Safety Standard?
The estate and family of a child sued a trade association for adopting a deficient industry safety standard that, they allege, led to the strangulation death of the child. Judge John Sedwick has now addressed the association’s summary judgment motion arguing that the association had not assumed a duty of care.
Sedwick denied the association’s motion, holding that (1) the trade association assumed a duty to promulgate appropriate warnings when it developed a safety standard for window coverings; (2) Alaska public policy (per D.S.W. v. Fairbanks No. Star Bor., 628 P.2d 554 (Alaska 1981)) supports the imposition of a duty on the trade association; and (3) the exact scope of that duty must be determined by the jury.
Rountree v. Ching Feng Blinds Industry Co., Ltd., 2008 WL 2397416 (D.Alaska)(Order of June 10, 2008)
Charles Ray and Don Bauermeister of Anchorage represent the plaintiffs. Donald Thomas of Delaney Wiles represents the trade association.
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