Reference no: EM131473814

Question: Larry Moss purchased a Crosman 760 Pumpmaster BB gun from a local Kmart store for his sevenyear-old son Josh. Larry saw a warning on the box that stated "May cause death or injury" but thought that it might refer just to birds or small animals. The box also contained the following warning, which Larry did not read: WARNING: NOT A TOY. ADULT SUPERVISION REQUIRED. MISUSE OR CARELESS USE MAY CAUSE SERIOUS INJURY OR DEATH. MAY BE DANGEROUS UP TO 475 YARDS (435 METERS). THIS AIR GUN IS INTENDED FOR USE BY THOSE 16 YEARS OF AGE OR OLDER. FOR COMPLETE OPERATING INSTRUCTIONS, REVIEW OWNERS MANUAL INSIDE BOX BEFORE USING THIS AIR GUN.

Additional warnings and flyers were contained inside the box, but Larry did not read them before allowing Josh to use the gun. Larry's instructions to Josh on the proper use of the gun indicated that Larry was aware that the gun could be dangerous if misused, however. Josh and his cousin Tim were playing with the gun in the woods. Josh hid behind a tree about 15 feet in front of Tim and stuck his head out from behind the tree just as Tim fired. The BB pierced Josh's eye, entered his brain, and killed him. Josh's parents brought a suit against Crosman Corp. and Kmart Corp., alleging that the defendants caused Josh's death by failing to provide adequate warnings detailing the dangers associated with the gun. How should the court rule on this claim?