...under section 388 or 389 of the Restatement. And finally, G.E. contends that Lockett was contributorily negligent as a matter of law. G.E. claims that there was no competent...." G.E. also contends that the evidence was insufficient to establish liability under either section 388 or section 389 of the Restatement, because these sections are not applicable to a supplier of..., only when they were assembled, installed and operated by Sun Ship in an unsafe condition. Section 388 of the Restatement reads as follows...

.... Shell Oil Co., 467 S.W.2d 39, 42 (Mo. 1971), Missouri adopted Restatement (Second) of Tort section 388 (1965), which provides.... As we previously stated, Missouri has recognized Restatement section 388 as setting forth a cause of action for negligent failure to warn.... See Morris, 467 S.W.2d at 42. On its face, Restatement section 388 does not require a failure or malfunction of the product in order to maintain a claim for negligent...

...based on section 388 of the Restatement (Second) of Torts, and the trial court agreed, basing its judgment on this ground. Restatement (Second) of Torts § 388 (1965) (hereafter Restatement). Section 388 of...genuine issues of material fact on the elements of the strict liability claim, instead relying solely on Restatement section 388. "To establish a. prima facie case in strict liability, a plaintiff.... In its ruling, the circuit court again relied on section 388 of the Restatement. Section 388 of the Restatement delineates a duty to warn of known defects under negligence...

...section 388 of the Restatement (Second) of Torts for determining whether a manufacturer of goods has fulfilled its duty to warn of a product's dangerous propensities." Id. Section 388 of the Restatement (Second...Circuit, in applying Restatement Section 388 under Iowa law, concluded that the supplier does not have a duty to warn if the user appreciates the risk involved in the use of the product and if it is...product.'" Vandelune, 148 F.3d at 946 (applying Restatement Section 388 under Iowa law) (quoting Strong...

...before us warrant an instruction under this section. The main inquiry is whether Roland is a "supplier" as the term is used in the Restatement. Section 388 of the Restatement defines a supplier as...possession or control. . . . Restatement (Second) of Torts § 388 cmt. c. Section 392 restricts the definition of a "supplier" to include only those who give...Roland for negligence in supplying unsafe equipment under Restatement (Second) of Torts section 392 (1965). Carroll argues the trial court erred in refusing to give an instruction based on his...

...). Although this case is brought under a strict liability theory, the duty to warn is essentially a determination of foreseeability and reasonableness; section 388 (negligence) and section 402A (strict liability) of the Second Restatement of...negligence provision of the Restatement, section 388. Jones v. Hittle Service, Inc., 219 Kan. 627...) (Pennsylvania law, interpreting §§ 388 and 402A of the Restatement); Anderson v. Heron Engineering Co., Colo., 604 P.2d 674, 679 (1979...

..., or inconsequential. Restatement section 388(a) requires a warning only when the supplier knows or should know the product "is or is likely to be dangerous." (Emphasis added). "Likely" is...West v. Broderick Bascom Rope Co., 197 N.W.2d 202, 209 (Iowa 1972), we adopted Restatement (Second) of Torts § 388 (1965), which provides...

...the product was defective for inadequate warning, plaintiff relies on the Restatement (Second) of Torts sections 388 and 402A. When inadequate warning is the sole theory for product liability, the...section 388: One who supplies . . . a chattel . . . is subject to liability . . . for physical harm caused by the use of the chattel in the manner for which...into that section of the Restatement. Comment j of section 402A provides that a special duty of warning persons with special problems arises only when two conditions are met: (1) the product contains...

... the Iowa Power plant had a duty to warn of the dangers of the products under section 388 of the Restatement (Second) of Torts (1965). "We have recognized that the duty of care placed on a supplier of..., 188 (Iowa 1982) (applying Restatement section 388). In Henkel, we stated that for a jury question to be engendered on the issue of whether a warning...products they installed at the plant. See Restatement (Second) of Torts § 388(a). The only evidence in the record relating to the four suppliers was testimony from several insulators or asbestos...

.... 2. The Restatement (Second) of Torts Section 388 Claim In addition to her claim against Glidden as a manufacturer under the Act, Ritchie also claims that she is entitled to recover from Glidden as the supplier of the accident pump. Ritchie bases her contention on the fact that the Restatement (Second...section 388 of the Restatement (Second) of Torts as a proper vehicle for imposing liability on suppliers of dangerous chattels. Id. at 1245. The Restatement provides that...., 694 N.E.2d 1198, 1207-08 (Ind.Ct.App. 1998) (quoting Restatement (Second) of Torts § 388 (1965)). Similarly, section 392 imposes liability on "[o]ne who supplies to another, directly or through...

..., 253 n. 2 (4th Cir. 1993). Division Two of this Court followed Restatement section 388, comment n in Shell Oil, 119 Ariz. at 433...§ 388 cmt. n (1965). Although this Restatement provision addresses a.... Shell Oil, 119 Ariz. at 433, 581 P.2d at 278 (following Restatement (Second) of Torts § 388 cmt. n...

.... Under Restatement (Second) of Torts section 388 (1965), River Sea could not be expected to believe that users of the boat and trailer combination would fail to "realize its dangerous condition...of discussion that the weight of some objects might present dangerous conditions actionable under Restatement section 388, that is not...exercise reasonable care to inform them of its dangerous condition or of the facts which make it likely to be dangerous. Restatement (Second) of Torts § 388 (1965...

...use respiratory protection. In her second assignment of error, plaintiff contends that, in light of Restatement (Second) of Torts section 388 (1965), controlling Oregon case law, and the...Hoyt v. Vitek, Inc., 134 Or.App. 271, 287, 894 P.2d 1225 (1995), we held that section 388 of the Restatement defines..., 697 P.2d 556 (1985) (stating that, under section 388, a seller “is negligent if it fails to warn of those dangerous propensities of which it knows or reasonably should know”). Restatement section...

...conclusion, the court in Yarrow compared § 402A with § 388 of the Restatement. Section 388 in essence restates the common law cause of...action for failure to exercise reasonable care to inform users of the dangerous qualities of a chattel. Compare Section 388, with Ft. Wayne Drug Co. v. Flemion (1931.... Section 388 states: Chattel Known to be Dangerous for Intended Use One who supplies directly or through a third person a chattel for another to use is subject to...

...that, pursuant to section 388 of the RESTATEMENT (SECOND) OF TORTS (1965), Crepeau could not be liable for Adam's injuries because he did not supply Adam with the vehicle, and Adam was aware of the...). [¶ 10] Bonin contends that Crepeau owed Adam a duty pursuant to section 388 of the RESTATEMENT (SECOND) OF TORTS. That section provides: One...most favorable to Adam, there are facts in dispute regarding two elements of her claim pursuant to section 388 of the RESTATEMENT (SECOND) OF TORTS. She argues that Crepeau supplied dangerous equipment...

...court considered the possibility that Springs owed Stuart a duty under Section 388 of the Restatement (Second) of Torts, which had been adopted by South Carolina. See id. at 4–5. Faced with.... II. Restatement Section 388 The other possible basis for imposing a duty on Springs rests on Section 388 of the Restatement (Second) of Torts. For present...duty does not arise from Section 388. The nature of the claims at issue in cases cited in Bragg is apparent from the following discussion: We conclude the trial court properly charged the jury concerning the sophisticated user defense. The sophisticated user defense outlined in section 388 of the Restatement (Second...

...). III. Analysis. A. Failure to Warn. Iowa follows "the standard set forth in section 388 of the Restatement (Second...." Lamb v. Manitowoc Co., 570 N.W.2d 65, 68 (Iowa 1997). The Restatement section 388 provides: Chattel Known to be Dangerous for Intended Use One...dangerous condition of the truck. See Restatement (Second) of Torts § 388 cmt. g at 304 ("The duty which the rule stated in this Section imposes upon the supplier of a chattel for another's use is...

.... E.g., Hill v. Gen. Motors, 637 S.W.2d 382, 384 (Mo.Ct.App. 1982) (noting Missouri's adoption of Section 388 of the Restatement (Second) of Torts). Relying upon comment...c to Section 388 of the Restatement (Second) of Torts, the Menzes argue Bangert was a "supplier" of the tractor in question. Comment c...." Restatement (Second) of Torts § 388 cmt. c (1965). By its own terms, comment c only applies to a negligent repairer who knows a product is defective because of the specific repair work he...

...not plead the product malfunctioned. The Court said, "Consequently, we must conclude that, although not expressly set forth in Restatement section 388 or MAI 25.06, product malfunction or failure...Revision] Submitted by Defendant MAI 25.10(A) and 25.10(B) are designed to submit claims of negligently furnishing a dangerous instrumentality. Sections 388 and 392..., Restatement of Torts (Second) (1965), were approved in Morris v. Shell Oil Co., 467 S.W.2d 39, 42 (Mo. 1971), and...

...and 392 of the Restatement (Second) of Torts which impose a duty upon those who supply chattels to others. Restatement section 388 provides: "One who...or of the facts which make it likely to be dangerous." Restatement section 392 provides: "One who supplies to another...reasonable care to discover its dangerous condition or character, and to inform those whom he should expect to use it." Section 392 differs from section 388 because in...