In what circumstances have courts found that 'Warning' is a contributory factor in determining whether a plaintiff has a valid claim?
"New York", United States of America
The following excerpt is from Martin v. Koehler, 244 N.Y.S.2d 142, 40 Misc.2d 762 (N.Y. Dist. Ct. 1963):
In the case quoted as well as the cases therein cited, there were questions of contributory negligence which in and of themselves would have required the court to find that there was an issue of fact to be determined. So that while we have the feature of 'Warning,' as an aspect of Vignola v. Britts, and the cases referred to therein, this feature was not entirely determinative of the issues.
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