Held. Yes. Judgment affirmed.
* One line of cases has suggested that manufacturers owe a duty of care to ultimate purchasers only when the product is inherently dangerous. Other cases have suggested a duty of care is owed to foreseeable users if the product is likely to cause injury if negligently made.
* In order for a duty of care to arise in relation to ultimate purchasers, two criteria are necessary. First, the nature of the product must be such that it is likely to place life and limb in danger if negligently made. This knowledge of danger must be probable, not merely possible. Second, there must be knowledge that in the usual course of events, the danger will be shared by people other than the buyer. This may be inferred from the nature of the transaction and the proximity or remoteness of the relation.
* In the present case, the manufacturer of a finished product placed this product on the market to be used without inspection by its customers. If the manufacturer was negligent and the danger could be foreseen, a liability will follow.