The plaintiff purchased a space heater from the warehouse of a major national retail store. He intended to use the heater in his Volkswagen Bus on a weekend camping trip with three young friends.


The salesman who sold the heater told him it was a returned unit and he could have it for 75% discount. The plaintiff purchased the heater, which came with no instructions and was placed in a box which was not the original package. When the plaintiff set the heater up in the Volkswagen Bus he made a vent of only one inch diameter, when in fact a vent of much larger diameter was needed. Since no instructions or warnings came with the heater, the plaintiff was unaware of the danger of using the smaller vent. The plaintiff and his three companions died from carbon monoxide poisoning as a result of this failure to instruct and warn.[106]