La Barre v. Mitchell

In La Barre v. Mitchell (256 A.D.2d 850 [1998]), the Court considered factors including the nature of the defect, the manner in which the damages arose and the resulting harm to determine whether the "safety-insurance policy of tort law or the expectation-bargain protection policy of warranty law" was applicable to the particular claim. The Court determined that a defectively designed alarm may be considered an inherently dangerous product. It reasoned that the failure of a fire alarm system to perform its intended function could have catastrophic consequences and that "a design creating an unreasonable risk of failure in such a system would render it dangerous and defective." (Id., at 852.)