Liriano v. Hobart Corp

In Liriano v. Hobart Corp., 92 NY2d 232 [1998] the Court of Appeals emphasized that "failure to warn liability is intensely fact-specific," including such issues as obviousness of the risk from actual use of the product, knowledge of the product user, and proximate cause. "Because of the factual nature of the inquiry, whether a danger is open and obvious is most often a jury question. Where only one conclusion can be drawn from the established facts, however, the issue of whether the risk was open and obvious may be decided by the court as a matter of law" (id. at 242 ).